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V 94 131 ΓÇó Municipalities are not entitled to cost waiver under § 205 VRG
V 94 131Other CourtNov 13, 1994Dismissed
A municipality applied for waiver of official costs under § 205 VRG. The court held that cost waiver is intended for needy natural persons and presupposes hardship; a municipality cannot meet that threshold because its existence and financial capacity are legally secured. The court also noted that the VRG expressly contemplates cost allocation against municipalities. The application was therefore dismissed. Because the court was confirming an unpublished practice, it imposed no costs for the cost-waiver proceedings.
§ 205 VRG; cost waiver only for needy natural persons and not for municipalities. The institute of cost waiver serves to prevent hardship by relieving a party of costs that would otherwise deprive it of means needed for immediate living expenses; it is therefore tailored to natural persons. Whether legal persons or public entities can invoke it may be left open where the statutory hardship requirement is absent. Municipalities, whose existence and financial viability are constitutionally and statutorily guaranteed and against whom the legislature expressly permits cost allocation, cannot be in the existential need required by § 205 VRG. Requests for cost waiver by municipalities are accordingly dismissed; where an unpublished practice is confirmed, costs of that proceeding may exceptionally be waived (consid. 2).
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