2-3204.   Action for injunction alleging misuse of chemicals; whenattorney fees and expenses assessed.In any case in which an action for injunction is broughtalleging the prior misuse of agricultural chemicals and the court finds that thedefendant properly used the agricultural chemicals according to state andfederal law and the label instructions and that the plaintiff sustained nodamages from the use ofsuch agricultural chemicals, the court may assess against the plaintiffreasonable attorney fees and expenses incurred by the defendant as a resultof such action. In addition, the court may assess against the plaintiffadditional losses and costs incurred by the defendant upon proof that suchlosses 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) byan amount equal to the amount of any bond forfeited to the defendant underarticle 9 of chapter 60 of the Kansas Statutes Annotated. An assessmentunder this section shall be collected as costs in the action.This section shall be part of and supplemental to the provisions of article 32of chapter 2 of the Kansas Statutes Annotated and acts amendatory of theprovisions thereof or supplemental thereto.

      History:   L. 1988, ch. 11, § 1; July 1.