Northgate Hous. Ltd. v. Massie (2005)

Citation: Northgate Hous. Ltd. v. Massie (2005)
Parent Document: Northgate Hous. Ltd. v. Massie (2005)
Jurisdiction: Vermont (state)
Effective Date: 2005-01-31
Original Source: https://www.courtlistener.com/opinion/4490177/northgate-hous-ltd-v-massie/ ↗

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Costs
        Landlord’s Statement of Material Facts lists court filing fees in the
amount of $150.00 and sheriffs’ fees of $85.52. Awarding costs to a
prevailing party in a civil action is a matter of discretion. Jordan v. Nissan
N. Am., Inc., 2004 VT 27, ¶ 16. See also V.R.C.P 54(d)(1); 12 V.S.A. §
4765 (in an action of ejectment “plaintiff may recover damages . . . with
costs.”). In this case, § 35 of the lease agreement provides that landlord is
entitled to recover costs when tenants act in violation of the lease. As
discussed above with respect to attorneys’ fees, the court finds that tenants
were in violation of the lease agreement after November 30, 2003. Because
all court costs and sheriffs’ fees expended by landlord were prior to
November 30, 2003, no costs will not be awarded. Although the court
could exercise its own discretion in awarding these costs, it declines to do
so. ORDER

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