State Ex Rel. Pend-Air Citizen's Committee v. City of Pendleton

Relators, prevailing parties in a mandamus action, appeal, assigning error to the trial court’s denial of attorney fees. Relators obtained a peremptory writ of mandamus directing the City of Pendleton to place an initiative on the ballot. We review the court’s denial of attorney fees for abuse of discretion, ORS 34.210(2), and affirm.

In 1994, the City of Pendleton proposed to locate a solid waste transfer facility in a residential area. Relator, Pend-Air Citizen’s Committee, is an organization that was formed to contest the siting of the proposed facility. Relator Vera Simonton, who was…