STATE EX REL. MOORE v. CITY OF FAIRVIEW

(9805-03699; CA A106399)

13 P.3d 1031 (2000)

170 Or. App. 771

STATE ex rel. Leslie N. MOORE, Respondent-Cross-Appellant, v. CITY OF FAIRVIEW, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided November 8, 2000.


Attorney(s) appearing for the Case

Steven G. Marks argued the cause and filed the briefs, for appellant-cross-respondent.

Mark P. Reeve, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Reeve Kearns PC.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

In this mandamus action, the City of Fairview (the city) appeals from the peremptory writ ordering it to return $13,345.88 that plaintiff-relator (plaintiff) paid "under protest" as a sewer and water connection fee for a residential subdivision. Plaintiff cross-appeals from the court's refusal to award him attorney fees. We reverse on the appeal and affirm on the cross-appeal.

The relevant facts are undisputed...

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