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CHARLES WIPER, INC. v. CITY OF EUGENE

160711976; A137776.

232 P.3d 985 (2010)

235 Or. App. 382

CHARLES WIPER INC., an Oregon corporation, Relator-Respondent, v. CITY OF EUGENE, an Oregon municipal corporation, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 2, 2010.

Attorney(s) appearing for the Case

Jona J. Maukonen, Portland, argued the cause for appellant. With her on the briefs was Harrang Long Gary Rudnick P.C.

Aaron Noteboom, Eugene, argued the cause for respondent. With him on the brief were Rohn M. Roberts and Arnold Gallagher Saydack Percell Roberts & Potter, P.C.

Before SCHUMAN, Presiding Judge, and ARMSTRONG, Judge, and ORTEGA, Judge.

SCHUMAN, P.J.

Charles Wiper Inc. (Wiper), the relator in this mandamus case, petitioned the circuit court for a writ ordering the City of Eugene to process its Measure 37 claim. See former ORS 197.352 (2005) (Measure 37), amended by Oregon Laws 2007, chapter 424, section 4, renumbered as ORS 195.305 (2007) (Measure 49). The circuit court allowed the writ, issued a general judgment to that effect, and eventually awarded Wiper its attorney fees...

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