2-3204. Action for injunction alleging misuse of chemicals; when attorney fees and expenses assessed.
2-3204
2-3204. Action for injunction alleging misuse of chemicals; when
attorney fees and expenses assessed.
In any case in which an action for injunction is brought
alleging the prior misuse of agricultural chemicals and the court finds that the
defendant properly used the agricultural chemicals according to state and
federal law and the label instructions and that the plaintiff sustained no
damages from the use of
such agricultural chemicals, the court may assess against the plaintiff
reasonable attorney fees and expenses incurred by the defendant as a result
of such action. In addition, the court may assess against the plaintiff
additional losses and costs incurred by the defendant upon proof that such
losses and costs were the result of an injunction granted as part of such action.
Any assessment under this section shall be reduced (but not below zero) by
an amount equal to the amount of any bond forfeited to the defendant under
article 9 of chapter 60 of the Kansas Statutes Annotated. An assessment
under this section shall be collected as costs in the action.
This section shall be part of and supplemental to the provisions of article 32
of chapter 2 of the Kansas Statutes Annotated and acts amendatory of the
provisions thereof or supplemental thereto.
History: L. 1988, ch. 11, § 1; July 1.