No. 40-272; CA 17297.

632 P.2d 1367 (1981)

53 Or.App. 871

Clare UMREIN; Elizabeth Farrell; Lester Knudsen; Anthony J. Zakrzewski; the Concerned Citizens of Central Beaverton, an Unincorporated Association; and Responsible Government Group, an Unincorporated Association, Appellants-Cross-Respondents, v. Susanne C. HEIMBIGNER, City Recorder for City of Beaverton, City of Beaverton, a Municipal Corporation; Jack Nelson, Mayor of Beaverton; Ann Schmidt, Homer Speer, and Larry Cole, Members of the City Council of Beaverton, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided September 8, 1981.

Attorney(s) appearing for the Case

Ronald Allen Johnston, Portland, argued the cause for appellants-cross-respondents. With him on the briefs was Shannon & Johnson, Portland.

Michael G. Dowsett, City Atty., Beaverton, argued the cause and filed the brief for respondents-cross-appellants.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

This proceeding was brought by plaintiffs pursuant to the Uniform Declaratory Judgments Act (ORS Chapter 28) and was treated by the trial court as an equitable proceeding. Plaintiffs sought a declaration that they were entitled to have certain initiative petitions filed, to attorney fees and to "other equitable relief." Plaintiffs obtained the declaratory relief sought, but were denied attorney fees. They appeal from that ruling. Defendants cross-appeal...

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