Sec. 9.5. (a) If a court finds that an agricultural operation that is the subject of a nuisance action: (1) was not a nuisance under section 9 of this chapter and that the nuisance action was frivolous, the court shall award court costs and reasonable attorney's fees, to the defendant in the action; or (2) was a nuisance under this chapter and that the defense of the nuisance action was frivolous, the court shall award court costs, including reasonable attorney's fees, to the plaintiff in the action. (b) Reasonable attorney's fees under subsection (a): (1) shall be calculated based on the reasonable and customary hourly rates charged in the county in which the action occurred; and (2) may include fees for only one (1) attorney, no matter how many attorneys were actually employed by the party. (c) The determination that an action was initiated or maintained frivolously may not be based on the mere fact that a party did not prevail.
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