(1) The district court should have dismissed with prejudice Landowners’ first lawsuit related to the development of property.
(2) The district courts in two separate actions properly declined to award attorney fees to the Town.
(3) The district court erred in dismissing Landowners’ second lawsuit related to the development of property. The court also erred in concluding that the Landowners were barred by issue preclusion from litigating the issues in the second lawsuit.
(4) The award of attorney fees to the Town in the second lawsuit was vacated.