Judge Gary Sharpe
The Anderson Group (TAG) sued the City of Saratoga Springs under the Fair Housing Act alleging disparate treatment and disparate impact. In 2010, a jury found in the city’s favor on all but one claim for disparate impact. Although the jury initially awarded TAG compensatory damages, the court granted the city’s motion, and ordered new trial on the sole remaining disparate impact claim. After trial in August 2012, the jury returned a verdict for the city, finding TAG did not prove its claim. The court entered judgment, and TAG was taxed $143,071 in costs. Denying the city’s motion for attorney fees, the court granted TAG review of taxation of costs. Despite being the prevailing party, the court concluded that even if TAG’s disparate treatment claims had been frivolous, the city could not recover fees because it did notand arguably could notidentify the fees that resulted from defending against only supposedly frivolous claims. The court entered a new judgment, in the city’s favor, for a total of $22,033 in costs. In addition to costs found improper under 28 USC §1920, the court reduced the city’s $118,831 in expert feespursuant to §1920(6)because the experts were not “court appointed.”
