City of Portland v. Structure Located At 18 NW 3rd Avenue

Defendant Atwood appeals, assigning error to the denial of his petition for discretionary attorney fees pursuant to Portland City Code (PCC) 14.80.080, as well as costs under ORCP 68 B. We conclude that the trial court did not abuse its discretion in denying fees after the City of Portland (the City) voluntarily dismissed the underlying action. However, from the trial court’s judgment, it is not apparent whether the court determined whether defendant was entitled to costs and, in particular, whether the court determined whether defendant was a “prevailing party” for purposes of ORCP 54 A(3)…