In any proceeding under this article, the court may make such award of costs as may seem equitable and just.
Source: L. 23: p. 270, § 10. CSA: C. 93, § 87. CRS 53: § 77-11-10. C.R.S. 1963: § 77-11-10.
ANNOTATION
County treasurer is entitled to attorney fees in mandamus suit against board of commissioners. Where county treasurer seeks writ of mandamus requiring board of commissioners to approve salaries set by treasurer and requests declaratory judgment construing and interpreting relative rights, powers and duties of treasurer and board under statute, treasurer is entitled to reasonable attorney fees incurred in prosecuting action. Kanaly v. Wadlow, 31 Colo. App. 193, 502 P.2d 83 (1972), modified, 511 P.2d 484 (1973).
This section does not evince a legislative intent to authorize cost awards against public entities, because this section neither explicitly refers to such entities nor to any action that can be brought only against such entities. Farmers Reservoir & Irrigation Co. v. City of Golden, 113 P.3d 119 (Colo. 2005).