Fechtig v. City of Albany

Respondent Fechtig appealed to LUBA from the City of Albany’s approval of petitioner Drushella’s applications for a planned development, a 38-lot single family subdivision and related permits. LUBA affirmed the city’s decision. 31 Or LUBA 410 (1996). Thereafter, Drushella petitioned for attorney fees pursuant to ORS 197.830(14)(b). Drushella seeks our review of LUBA’s denial of that petition. Two questions are presented: whether there was any merit to (or “probable cause” for) any of Fechtig’s arguments in his appeal to LUBA; and, if so, whether an award of attorney fees under ORS…