McNeely v. Hiatt

Plaintiffs move for reconsideration or, in the alternative, clarification of our decision to award defendant costs for her appeal and to deny plaintiffs’ request for attorney fees. They request either that we change our decision not to award them fees or that we explain the basis for our decision not to do so. We allow the motion and adhere to our decision not to award plaintiffs attorney fees for the reasons that follow.

The facts of this case are quite complex and are set forth in detail in McNeely v. Hiatt, 138 Or App 434, 909 P2d 191 (1996). Suffice it to say that plaintiffs initiated this…