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KORN v. NEW CASTLE COUNTY

No. 165, 2006.

922 A.2d 409 (2007)

Richard J. KORN and Andrew Dal Nogare, Plaintiffs Below, Appellants, v. NEW CASTLE COUNTY, a political subdivision of the State of Delaware, Christopher A. Coons, as County Executive, David W. Singleton as Chief Administrative Officer, Paul G. Clark, as President of New Castle County Council, and Joseph Reda, Robert S. Weiner, William J. Tansey, Penrose Hollins, Karen G. Venezky, Patty W. Powell, George Smiley, John J. Cartier, Timothy P. Sheldon, Jea P. Street, David Tackett, and James W. Bell, as Members of New Castle County Council, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 30, 2007.

Revised: April 17, 2007.

Attorney(s) appearing for the Case

Ronald G. Poliquin, Esquire, of Young, Malmberg & Howard, P.A., Dover, Delaware, and Gary F. Traynor, Esquire (argued), J. Clayton Athey, Esquire, and Laina M. Herbert, Esquire, of Prickett, Jones & Elliott, P.A., Wilmington, Delaware, for Appellants.

Gregg E. Wilson, Esquire (argued), Carol J. Dulin, Esquire and Dennis J. Siebold, Esquire, of the New Castle County Law Department, Wilmington, Delaware, for Appellees.

Before STEELE, Chief Justice, HOLLAND, BERGER, and JACOBS, Justices, and VAUGHN, President Judge, constituting the Court en Banc.

BERGER, Justice.

In this appeal, we consider whether taxpayers may recover attorneys' fees if their litigation satisfies the requirements of the so-called "common benefit" exception to the standard rule, under which each party bears its own attorneys' fees. The common benefit exception allows a successful litigant to recover attorneys' fees if the litigation creates a monetary benefit that is shared by others. Historically, this exception has been applied to business...

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