Pharos-Tribune

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May 4, 2014

Attorneys argue fees for power plant suit

City's attorneys say charges brought by citizen were frivolous

(Continued)

Brugh argued because Kitchell is an LMU ratepayer, she had the right to object to the city’s negotiations over a project that would ultimately affect her electric rates. He went on to remind those present that the state supreme court denied the city’s motion to award attorneys’ fees at the appellate level.

“If she ain’t frivolous up there, she ain’t frivolous in the small amount of time she was down here,” Brugh said.

Cass County Superior Court II Judge Rick Maughmer told the attorneys he planned to come to a decision on the matter late this week.

• Reach Mitchell Kirk at mitchell.kirk@pharostribune.com or 574-732-5130

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