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STATE EX REL KINE v. DESCHUTES COUNTY

A168165.

477 P.3d 417 (2020)

307 Or.App. 290

STATE EX REL Larry KINE, an individual, Relator-Appellant, v. DESCHUTES COUNTY, a municipal corporation, Defendant-Respondent, and Widgi Creek Homeowners Association, Elkai Woods Homeowners Association, and Elkai Woods Fractional Homeowners Association, Intervenors-Respondents.

Court of Appeals of Oregon.

October 21, 2020.

Attorney(s) appearing for the Case

Christopher P. Koback, Portland, argued the cause for appellant. Also on the briefs was Hathaway Larson LLP.

Michael H. McGean, Bend, argued the cause for respondents Widgi Creek Homeowners Association, Elkai Woods Homeowners Association, and Elkai Woods Fractional Homeowners Association. Also on the brief was Francis Hansen & Martin LLP.

No appearance for respondent Deschutes County.

Before Lagesen, Presiding Judge, and DeVore, Judge, and Powers, Judge.

In this land-use mandamus proceeding initiated under ORS 215.429, relator-appellant Larry Kine appeals a general judgment dismissing his petition for lack of subject-matter jurisdiction. He also appeals a supplemental judgment awarding attorney fees to respondents on appeal, which are three homeowners' associations (HOAs) that intervened...

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