Nortman v. City of Portland

In Nortman v. City of Portland, 90 Or App 520, 752 P2d 1272 (1988), we affirmed the trial court’s judgment of dismissal because, inter alia, plaintiff failed to plead facts sufficient to constitute a claim. The city has now filed a petition for attorney fees under ORS 20.105(1),1 contending that plaintiff appealed from a trial court judgment in bad faith or solely for oppressive reasons. The majority has declined to award fees. I dissent.

Even if I disregard the protracted history of this litigation and consider only the pleading question which was brought before us on appeal by plaintiff, I…