Following dismissal of a motion seeking declarations and partial summary judgment based on res judicata, issue estoppel, and abuse of process in a civil action alleging misfeasance in public office, the court determined costs.
The moving party had sought numerous orders asserting that findings from a prior Federal Court decision conclusively established elements of liability against federal officials involved in an environmental review of a highway project.
The court held the motion was overly complex, repeatedly amended, and entirely unsuccessful.
Applying Rule 57.01 of the Rules of Civil Procedure and principles from appellate authorities, the court concluded that the defendants’ claimed costs were modest given the scale and duration of the proceedings.
Costs of $309,844.95 were awarded to the defendants.
