A. In any action brought against the town pursuant to section 1-20-3 of this chapter, the court, in its discretion, may allow a prevailing claimant a reasonable attorney fee as part of the costs of such action or proceeding.

B. In awarding an attorney fee pursuant to subsection A of this section, the court, in its discretion, may include expert witness fees as part of the attorney fee.

C. The court shall not award the town its attorney fees in any action brought under this chapter, regardless of whether the town is the prevailing party. The provisions of part 1 of article 17 of title 13, Colorado Revised Statutes, shall not apply in any action brought under this chapter.

D. If the town is the prevailing party in any action brought under this chapter, the court shall award to the town its costs (not including attorney fees) in accordance with rule 54(d), CRCP. (Ord. 41, Series 2004)