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STATE EX REL. COASTAL MGMT. v. WASHINGTON CTY.

(C960324CV; CA A95888)

979 P.2d 300 (1999)

159 Or. App. 533

STATE of Oregon ex rel. COASTAL MANAGEMENT, INC., Peter Bartell, and Linda Bartell, Respondents, v. WASHINGTON COUNTY, a municipal corporation of the State of Oregon, Appellant, and Baker Rock Crushing Co., an Oregon corporation, dba Baker Rock Resources, Intervenor-Appellant.

Court of Appeals of Oregon.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Alan A. Rappleyea, Sr., Assistant County Counsel, argued the cause for appellant. With him on the briefs was Washington County Counsel.

Jeffrey L. Kleinman, Portland, argued the cause and filed the briefs for intervenor-appellant.

Duane A. Bosworth, Portland, argued the cause for respondents. With him on the brief was Davis Wright Tremaine LLP.

Jeffrey G. Condit, Portland, and Miller, Nash, Wiener, Hager & Carlsen LLP filed a brief amicus curiae for League of Oregon Cities.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

De MUNIZ, P.J.

Defendant Washington County (county) and Intervenor Baker Rock Crushing Co. (intervenor) appeal from the peremptory writ of mandamus and supplemental judgment awarding attorney fees to relators in this mandamus action under ORS 215.428(7). We affirm.

On October 28, 1994, relators applied to the county to subdivide a 9.2-acre lot into nine one-acre parcels, which would eventually be put to residential use. The property is located in a rural residential...

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