Key legal question
Whether the cantonal court's allocation of first- and second-instance costs was arbitrary under Art. 9 BV.
Extracted holding
No. The cantonal court could treat the overall procedural outcome as roughly half success and half failure and allocate costs accordingly.
Extracted reasoning
Federal review was limited to arbitrariness. The cantonal court permissibly interpreted the pleadings as seeking both private and public passage-right declarations. The appellant partly succeeded only regarding parcel No. 88, while claims concerning other parcels were unfounded or never disputed. Given the success principle and the limited exception for equitable deviations, the cost split was not manifestly untenable.