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FRIENDS OF BENTON COUNTY v. BENTON COUNTY

83-122; CA A31253.

693 P.2d 1344 (1985)

71 Or.App. 835

FRIENDS OF BENTON COUNTY, Petitioner-Cross-Respondent, v. BENTON COUNTY, Oregon, Respondent-Cross-Petitioner, Morse Bros., Inc., Respondent.

Court of Appeals of Oregon.

January 23, 1985.

Attorney(s) appearing for the Case

Jeffrey G. Condit, Corvallis, for respondent-cross-petitioner Benton County, Or.

Edward F. Schultz and Weatherford, Thompson, Brickey & Powers, Albany, for respondent Morse Bros., Inc.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

Respondent's and respondent-cross-petitioner's motions for reconsideration of the orders denying the petitions for attorney fees on the basis that the petitions are premature under ORS 197.850(12) are allowed. There is no authority for an award of attorney fees by the Court of Appeals in ORS chapter 197. The petitions for attorney fees are denied.

The motion to remand to LUBA for LUBA to rule on the petitions for attorney fees filed with LUBA is...

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