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STATE EX REL KINE v. DESCHUTES COUNTY

A168165.

477 P.3d 417 (2020)

307 Or.App. 290

STATE EX REL Larry KINE, an individual, Relator-Appellant, v. DESCHUTES COUNTY, a municipal corporation, Defendant-Respondent, and Widgi Creek Homeowners Association, Elkai Woods Homeowners Association, and Elkai Woods Fractional Homeowners Association, Intervenors-Respondents.

Court of Appeals of Oregon.

October 21, 2020.

Attorney(s) appearing for the Case

Christopher P. Koback , Portland, argued the cause for appellant. Also on the briefs was Hathaway Larson LLP.

Michael H. McGean , Bend, argued the cause for respondents Widgi Creek Homeowners Association, Elkai Woods Homeowners Association, and Elkai Woods Fractional Homeowners Association. Also on the brief was Francis Hansen & Martin LLP.

No appearance for respondent Deschutes County.

Before Lagesen, Presiding Judge, and DeVore, Judge, and Powers, Judge.

In this land-use mandamus proceeding initiated under ORS 215.429, relator-appellant Larry Kine appeals a general judgment dismissing his petition for lack of subject-matter jurisdiction. He also appeals a supplemental judgment awarding attorney fees to respondents on appeal, which are three homeowners' associations (HOAs) that intervened...

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