Swett v. Bradbury

This application for an award of attorney fees on review arises out of a successful challenge to the constitutionality of Ballot Measure 62 (1998). See Swett v. Bradbury, 333 Or 597, 43 P3d 1094 (2002) (declaring measure unconstitutional because it violated separate-vote requirement of Oregon Constitution). Respondents on review, plaintiffs below (plaintiffs), the successful challengers of the measure, seek an award of attorney fees from the state and from respondents (intervenors below) for plaintiffs’ efforts in securing that outcome in this court. For the reasons that follow, we allow…