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2A: 35A-10. Counsel and expert witness fees; application of collateral estoppel and res judicata; dismissal of action, use of payments 2A: 35A-10. Counsel and expert witness fees; application of collateral estoppel and res judicata; dismissal of action, use of payments a. In any action under this act the court may in appropriate cases award to the prevailing party reasonable counsel and expert witness fees, but not to exceed a total of $50,000 in an action brought against a local agency or the Department of Environmental Protection, where the prevailing party achieved reasonable success on the merits. The fees shall be based on the number of hours reasonably spent and a reasonable hourly rate for the counsel or expert in the action taking into account the prevailing rate in the venue of the action and the skill and experience of the counsel or expert. b. The doctrines of collateral estoppel and res judicata may be applied by the court to prevent multiplicity of suits. c. An action commenced pursuant to the provisions of this act may not be...
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