The Respondent municipality sought costs of $142,102.11 against the Applicants following a hearing under the Farming and Food Production Protection Act, alleging the Applicants acted unreasonably and frivolously by failing to prepare adequately or present expert evidence.
The Applicants, who were self-represented at the hearing, opposed the motion and sought their own costs of $7,500 for responding to it.
The Normal Farm Practices Protection Board dismissed both costs claims, finding that the self-represented Applicants had prepared as best they could and their conduct did not meet the high threshold of being unreasonable or frivolous.
The Board also found no bad faith on the part of the municipality in seeking costs.