Fechtig v. City of Albany

Petitioner Drushella seeks review of LUBA’s denial of his petition to recover attorney fees from respondent Fechtig pursuant to ORS 197.830(14)(b). We affirm.

This case is factually related to and presents similar issues to those in Fechtig v. City of Albany (A97764), 150 Or App 10, 946 P2d 280 (1997).1 Our discussion here will assume the reader’s familiarity with our opinion in that case, and we will avoid repetition to the extent possible. In Fechtig I, LUBA and we both held that (1) the attorney fees for which ORS 197.830(14)(b) provides are recoverable only if the presentation to LUBA by…