This was a costs endorsement following dismissal of a motion seeking electronic ballot images in aid of a municipal election recount application.
The applicant argued for no costs on the basis of alleged public interest litigation, novelty of the issue, and policy concerns about discouraging election challenges.
The court held the proceeding advanced the applicant's private and pecuniary interest in reclaiming elected office, was not genuine public interest litigation, and did not raise a novel legal issue given existing authority on under-votes and ballot inspection.
Applying Rule 57.01(1), the court awarded the successful respondent partial indemnity costs of $5,000 all-inclusive.
