The moving party sought substantial indemnity costs of $69,649.87 against the Township following a successful appeal regarding a Temporary Use By-Law.
The moving party alleged the Township and its planning witness exhibited unreasonable, frivolous, vexatious, and bad faith conduct.
The Tribunal dismissed the motion, finding that while the Township's planning staff had reversed their opinions and treated the moving party unfairly prior to the appeal, their conduct during the actual proceeding did not meet the high threshold required for a costs award under Rule 23.9.
