ERICKSON, Justice, dissenting: I respectfully dissent. A defendant prevailing against a public entity can recover reasonable attorney fees “if the court determines that said action was brought without reasonable basis or is frivolous.” Section 13-16-121, 6 C.R.S. (1984). “A claim or defense is frivolous if the proponent can present no rational argument based on the evidence or law in support of that claim or…
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