Marquam Investment Corp. v. Beers

Defendant Charlene Myers has petitioned this court for an award of attorney fees and costs. She is awarded her costs.1 For the reasons that follow, her petition for attorney fees is denied.

Defendant was one of the prevailing parties in Marquam Investment Corporation v. Beers, 47 Or App 711, 615 P2d 1064 (1980), rev den 290 Or 249 (1981), in which we sustained Oregon’s Residential Landlord and Tenant Act, ORS 91.700-91.895, against a variety of constitutional attacks. She seeks attorney fees on the authority of Deras v. Myers, 272 Or 47, 66, 535 P2d 541 (1975), where it was held that a court…