NEBEKER, Associate Judge:
The District of Columbia Board of Elections and Ethics (Board) appeals the trial court's order awarding attorney's fees to the proposer of an initiative. This appeal was taken while the appeal from the trial court's holding on the merits of the initiative ruling was pending in this court. Later this court reversed what had been a ruling favorable to the proposer. The Board argues that D.C.Code § 1-1320(b)(3) (Supp.1984),
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