Crumpton v. Roberts

Plaintiff brought this action against the Secretary of State and the chief petitioners of Ballot Measure 5, seeking to have the petitions declared invalid and the measure removed from the 1990 general election ballot. Defendants prevailed on the merits. Crumpton v. Roberts, 310 Or 381, 798 P2d 1100 (1990). Defendants Choban and Dennehy (defendants) then sought attorney fees from plaintiff under the rationale of Deras v. Myers, 272 Or 47, 535 P2d 541 (1975). The trial court ruled that, under OEA v. Paulus, 78 Or App 45, 714 P2d 1066 (1986), attorney fees are not recoverable. Defendants appeal,…