Beal v. City of Gresham

The trial court ruled, on cross-motions for summary judgment, that defendant City of Gresham had passed a resolution in violation of its city charter. It also awarded plaintiff attorney fees under Deras v. Myers, 272 Or 47, 535 P2d 541 (1975). We affirm the trial court’s ruling on the merits but reverse its award of attorney fees.

In 1988, the Oregon Department of Transportation (ODOT) began planning for the construction of the Mt. Hood Parkway, a limited access highway that would connect Interstate 84 and US Highway 26. At least one of the proposed routes for the parkway went through the City…