[§414-372]  Court costs and counsel fees. (a)  The court in an appraisal proceeding commenced under section 414-371 shalldetermine all costs of the proceeding, including the reasonable compensationand expenses of appraisers appointed by the court.  The court shall assess thecosts against the corporation, except that the court may assess costs againstall or some of the dissenters, in amounts the court finds equitable, to theextent the court finds the dissenters acted arbitrarily, vexatiously, or not ingood faith in demanding payment under section 414-359.

(b)  The court may also assess the fees andexpenses of counsel and experts for the respective parties, in amounts thecourt finds equitable:

(1)  Against the corporation and in favor of any orall dissenters if the court finds the corporation did not substantially complywith the requirements of sections 414-351 to 414-359; or

(2)  Against either the corporation or a dissenter, infavor of any other party, if the court finds that the party against whom thefees and expenses are assessed acted arbitrarily, vexatiously, or not in goodfaith with respect to the rights provided by this part.

(c)  If the court finds that the services ofcounsel for any dissenter were of substantial benefit to other dissenterssimilarly situated, and that the fees for those services should not be assessedagainst the corporation, the court may award to these counsel reasonable feesto be paid out of the amounts awarded the dissenters who were benefited. [L2000, c 244, pt of §1]