concurs.
¶81 I agree with the principles in Justice Rice’s dissent on issue five. I would sign that dissent if I was of the opinion that such principles applied. However, as provided in §30-14-133(3), MCA, and noted by the Court at ¶ 32, the legislature has made an award of attorney fees to either a prevailing plaintiff or defendant discretionary, not mandatory. We here set a standard for the exercise of that discretion. We show no disrespect to, nor do we infringe on, the legislature’s prerogative by setting such standard.