Arizona Laws 48-5306
A. In addition to any costs that are awarded as prescribed by statute, a court shall award fees of not more than ten thousand dollars and other expenses to any party, other than this state or a city, town or county, on the merits in an action brought by the party against the authority to challenge right-of-way actions conducted by or on behalf of the authority.
Terms Used In Arizona Laws 48-5306
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Authority: means a regional transportation authority organized under this chapter. See Arizona Laws 48-5301
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- County: means a county with a population of less than one million two hundred thousand persons in which a regional transportation authority is established pursuant to section 48-5302. See Arizona Laws 48-5301
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
B. In determining the award provided for in this section, the court shall deny or reduce the award if it finds that any of the following applies:
1. During the course of the proceeding the beneficiary of the award unduly and unreasonably protracted the final resolution of the matter.
2. The award is attributable to an intervening change in the applicable law.
3. The beneficiary of the award refused an offer of civil settlement that was at least as favorable to the party as the relief ultimately granted.