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STEWART v. CITY OF SALEM

2009009; A146479.

247 P.3d 763 (2011)

240 Or. App. 466

Mel STEWART, Petitioner, v. CITY OF SALEM, Respondent.

Court of Appeals of Oregon.

Argued and Submitted October 27, 2010.

Attorney(s) appearing for the Case

John W. Schonkwiler argued the cause for petitioner. On the brief were William F. Hoelscher and Hoelscher & Associates, P.C.

Sean T. Brady , Deputy City Attorney, argued the cause and filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge pro tempore.

SERCOMBE, J.

Petitioner seeks judicial review of a Land Use Board of Appeals ("LUBA" or "the board") order denying him an award of attorney fees after he obtained a favorable decision against the City of Salem on his underlying application to partition his property. Petitioner acted pro se at all relevant times during the proceedings before the board, although he received advice and assistance from an attorney, Hoelscher. Petitioner argues that he is entitled...

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