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ENGLISH v. MULTNOMAH COUNTY

Nos. 060505243, A135637.

209 P.3d 831 (2009)

229 Or. App. 15

Dorothy ENGLISH, Deceased, by and through Douglas James Sellers, Personal Representative of the Estate of Dorothy English, Plaintiff-Respondent, v. MULTNOMAH COUNTY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 10, 2009.

Attorney(s) appearing for the Case

Stephen L. Madkour, Assistant County Attorney, argued the cause for appellant. With him on the briefs was Agnes Sowle, County Attorney.

D. Joe Willis argued the cause for respondent. With him on the briefs were Michael T. Garone, Andrew Lee, Portland, and Schwabe, Williamson & Wyatt, P.C.

Before HASELTON, Presiding Judge, and EDMONDS, Judge, and ROSENBLUM, Judge.

HASELTON, P. J.

Defendant Multnomah County appeals a supplemental judgment, that awarded attorney fees, expenses, and costs to plaintiff Dorothy English after she obtained a general judgment for $1,150,000 in just compensation pursuant to ORS 197.352 (2005) (commonly known as Measure 37).1 The central issue on appeal is whether ORS 197.352(6), the statute that governed attorney fees in Measure 37 cases, authorized the award of attorney...

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