Inhabitants of the Town of Sabattus v. Bilodeau

In Inhabitants of the Town of Sabattus v. Bilodeau, Me., 391 A.2d 357 (1978), we denied the Town’s appeal and dismissed Bilo-deau’s cross-appeal. Following the issuance of our mandate the parties became embroiled in a dispute over the allowance of costs on appeal. In response to our request, they have filed memoranda of law on the issue.

By the routine application of Rule 76(a), M.R.Civ.P., 1 each party would be enti- tied to costs. Rule 76(a) is restatement of 14 M.R.S.A. § 1501 (1964), Rand v. B. G. Pride Realty, Me., 360 A.2d 519, 522 (1976), which awards costs to the “prevailing party.”…