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CITY OF PORTLAND v. 18 NW 3RD AVE.

9504-02313; CA A92016.

945 P.2d 631 (1997)

150 Or. App. 143

CITY OF PORTLAND, a municipal corporation, Respondent, v. THE STRUCTURE LOCATED AT 18 NW 3RD AVENUE, PORTLAND, MULTNOMAH COUNTY, Oregon, and Dee Burdick, Charles Ruckles, Florence Ruckles, Peg Slauson, J.P. Properties, a partnership, Yong Y. Baek, Hyun B.J. Kim, and Myung J. Kim, dba Payless Market, J.A. Atwood Corporation and Portland Development Commission, individually, Defendants, and Jim Atwood, Appellant.

Court of Appeals of Oregon.

Decided September 17, 1997.

Attorney(s) appearing for the Case

Michael A. Cox, Portland, argued the cause and filed the briefs for appellant.

Nancy E. Ayres, Senior Deputy City Attorney, argued the cause and filed the brief for respondent.

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

HASELTON, Judge.

Defendant Atwood appeals, assigning error to the denial of his petition for discretionary attorney fees pursuant to Portland City Code (PCC) 14.80.080, as well as costs under ORCP 68B. We conclude that the trial court did not abuse its discretion in denying fees after the City of Portland ("the City") voluntarily dismissed the underlying action. However, from the trial court's judgment, it is not apparent...

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