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“Loser Pays” Already Used in Land Cases
RALEIGH — In general, each side of a legal dispute in North Carolina covers its own costs in pursuing or defending against lawsuits. The General Assembly has, however, approved some exceptions to this rule. One applies in condemnation proceedings, in which it is possible for the winning side to make the loser pay its costs. But it is not clear which specific costs can be recovered. A new N.C. Court of Appeals ruling on the subject, by the judges’ own admission, may only add to the confusion.