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STATE EX REL. BRAMMER v. CITY OF STAYTON

(96C-12041; CA A101017)

986 P.2d 1188 (1999)

162 Or. App. 409

STATE ex rel Dan BRAMMER and Larry Grames, Appellants— Cross-Respondents, v. The CITY OF STAYTON, a municipal corporation of the State of Oregon, and the Stayton City Council, the duly elected city council of the City of Stayton, Respondents—Cross-Appellants.

Court of Appeals of Oregon.

Decided September 15, 1999.

Attorney(s) appearing for the Case

Donald M. Kelley, Silverton, argued the cause for appellants—cross-respondents. With him on the briefs was Kelley & Kelley.

Wendie L. Kellington, Portland, argued the cause for respondents—cross-appellants. With her on the briefs were Karen O'Kasey, Portland, and Schwabe, Williamson & Wyatt.

David J. Hunnicutt filed the brief amicus curiae for Oregonians in Action Legal Center.

Before LINDER, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

DEITS, C.J.

Relators Brammer and Grames appeal, and defendants City of Stayton and its governing body cross-appeal from a judgment denying mandamus relief and awarding defendants attorney fees in this action under ORS 227.178(7). We affirm.

Relators applied to the city for approval of a planned unit development. The 120-day period that ORS 227.178(1) allows for a final city decision on the application was extended...

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