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x.19.2 .ART. 3. CML ACTIONS AND PROCEEDINGS § 6-20
<br />~ a.
<br />,~ jditor's Note. -Section 150A-43, tive January 1, 1986, and has been re-
<br />~' " to in this section, was rewritten codified as § 150B-43.
<br />,s'~ n Laws 1985, c. 746, a. 1, effec-
<br />at~.s'.
<br />'~ ~ ~ 8-19.2. Attorney's fees to parties who compel dis-
<br />--~~~= closure of public records.
<br />~} ~~«:
<br />'~~~ In any civil action in which a party successfully compels the
<br />-'G ~elosure of public records pursuant to G.S. 132-9 or other appro-
<br />''~`~;~`~,te provisions of law, the court may, in its discretion, allow the
<br />~svailing party to recover reasonable attorney's fees to be taxed as
<br />curt costs against the appropriate agency if:
<br />(1) The court finds that the agency acted without substantial
<br />justification in denying access to the public records; and
<br />(2) The court finds that there are no special circumstances that
<br />would make the award of attorney's fees unjust.
<br />The party shall petition for the attorney's fees within 30 days
<br />A,,liullowing final disposition of the case. The petition shall be sup-
<br />y~'~ oottcd by an affidavit setting forth the basis for the request.
<br />Nothing in this section grants permission to bring an action
<br />` ' s~ainst an agency otherwise immune from suit or gives a right to
<br />bring an action to a party who otherwise lacks standing to bring the
<br />- action.
<br />Any attorney's fees assessed against an agency under this section
<br />shalt be charged against the operating expenses of the agency and
<br />ahal l not be reimbursed from any other source. (1983, c. 918, s. 1.)
<br />~ 6-20. Costs allowed or not, in discretion of court.
<br />In other actions, costs may be allowed or not, in the discretion of
<br />the court, unless otherwise provided by law. (Code, s. 527; Rev., s.
<br />126?; C.S., s. 1243.)
<br />Cross References. - As to costs
<br />there new trial is granted, see § 6-33
<br />eM the note thereto.
<br />[.egal Periodicals. -For article,
<br />"The Legal Theory of Attorney Fee
<br />Shifting: A Critical Overview,' see 1982
<br />Duke L.J. 6E1 (1982).
<br />CASE NOTES
<br />The Purpose of this provision is to
<br />Live the court authority to allow costs,
<br />e~ the justice of the case. may require.
<br />(+ulley v. Macy, 89 N.C. 343 (1883);
<br />Peron v. Boyd, 104 N.C. 422, 10 S.E.
<br />X80 (1889).
<br />Section Inapplicable to Contempt
<br />Ptoceedin8• -Although labeled "civil"
<br />eontemPt, a proceeding as for contempt
<br />u by no means a civil action or proceed-
<br />ing to which § 6-18, providing when
<br />mate shall be allowed to plaintiff as a
<br />matter of course, or this section would
<br />ePP1Y~ littited Artists Records, Inc. v.
<br />Eastern Tape Corp., 18 N.C. App. 183,
<br />196 S.E.2d 598, cert. denied,l83 N.C.
<br />~, 197 S.E.2d 880 (1973).
<br />Exercise of Discretion Presumed.
<br />- Nothing to the contrary appearing, it
<br />will be taken that the court gave judg-
<br />ment in the exercise of its discretion as
<br />provided in this section. Gulley v. Macy,
<br />89 N.C. 343 (1883); Wooten v. Walters,
<br />110 N.C. 251, 14 S.E. 734 (189L).
<br />Discretion Not Reviewable. - By
<br />this section the taxing of the costs is
<br />placed in the discretion of the trial
<br />judge, which discretion is not review-
<br />able. Kluttz v. Allison, 214 N.C. 379,
<br />199 S.E. 395 (19381; Chriscoe v.
<br />Chriscoe, 268 N.C. 554, 151 S.E.2d 33
<br />(1966).
<br />The exercise of the court's discretion-
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