STATE EX REL. v. CITY OF PENDLETON

Nos. CV 940946; CA A88770.

929 P.2d 1044 (1996)

145 Or. App. 236

STATE ex rel. PEND-AIR CITIZEN'S COMMITTEE and Vera Simonton, Appellants, v. CITY OF PENDLETON, a municipal corporation, Judy Zoske, City Recorder for the City of Pendleton, and Peter H. Wells, City Attorney for the City of Pendleton, Respondents, and Umatilla County, a political subdivision of the State of Oregon, and Thomas L. Groat, Umatilla County Clerk, Defendants.

Court of Appeals of Oregon.

Decided December 11, 1996.

Review Denied March 4, 1997.


Attorney(s) appearing for the Case

J. Haggerty-Foster, Pendleton, argued the cause and filed the briefs, for appellants.

Peter H. Wells, argued the cause and filed the brief, for respondents.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


HASELTON, Judge.

Relators, prevailing parties in a mandamus action, appeal, assigning error to the trial court's denial of attorney fees. Relators obtained a peremptory writ of mandamus directing the City of Pendleton to place an initiative on the ballot. We review the court's denial of attorney fees for abuse of discretion, ORS 34.210(2), and affirm.

In 1994, the City of Pendleton proposed to locate a solid waste transfer facility in a residential area. Relator...

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