Legislature of Monroe v. Lubelle

OPINION OF THE COURT

Robert E. White, J.

Respondent’s property was condemned under the Condemnation Law. Respondent was initially offered $7,500 for his property. This offer was amended to $8,400. Following trial, respondent was awarded $11,400.

Subsequent to the granting of the award, respondent applied to the court to grant him the 5% litigation allowance permitted under section 16 of the Condemnation Law. Petitioner did not oppose the motion. Respondent now requests the court to tax as costs the $1,800 expended on expert witness fees.

The question presented is whether a successful litigant *414(res…