55-1617. The district court of the county in which oil or gas is produced shall be a court of proper venue for proceedings brought pursuant to this act. The prevailing party in a proceeding brought pursuant to this act on which a judgment is rendered may recover court costs and reasonable attorney fees at the discretion of the court.
History: L. 1991, ch. 160, ยง 4; July 1.
CASE ANNOTATIONS
1. Reversal of summary judgment rendered award of court costs and attorney fees premature. Reynolds-Rexwinkle Oil, Inc. v. Petex, Inc., 25 Kan. App. 2d 707, 716, 969 P.2d 906 (1998).
2. Losing party's bad faith not required for attorney fees award to prevailing party; award affirmed. Thoroughbred Assocs. v. Kansas City Royalty Co., 45 Kan. App. 2d 312, 248 P.3d 758 (2011).
3. Under the provisions of this section, the award of costs and attorney fees is a discretionary decision for the district court, not a mandated award. Thoroughbred Assocs., L.L.C. v. Kansas City Royalty Co., L.L.C., 58 Kan. App. 2d 306, 333, 469 P.3d 666 (2020), rev. denied (Nov. 24, 2020).
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