Fees and expenses awarded to prevailing party if municipality's position was not substantially justified.

HF 2653 would require courts to award reasonable attorney fees and expenses to a winning party (not a municipality) in civil cases against a municipality when the municipality's legal position was not substantially justified. The bill defines "substantially justified" as having a reasonable basis in law and fact, based on all circumstances during litigation. To qualify, the winning party must submit an itemized fee request within 30 days of final judgment, and courts may reduce or deny the award if the winning party unnecessarily prolonged the case. This applies to most civil actions but excludes tort cases.