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DE YOUNG v. BROWN

(CC 16CV12583) (SC S067385).

486 P.3d 740 (2021)

368 Or. 64

368 Or 64

James B. DE YOUNG, a resident of Damascus, Respondent on Review, v. Kate BROWN, in her official capacity as Governor of Oregon; and State of Oregon, Petitioners on Review, and Clackamas County, a political subdivision of the State of Oregon, Defendant-Respondent, and Damascus, a municipal corporation, Defendant.

Supreme Court of Oregon, En Banc.

May 6, 2021.

Attorney(s) appearing for the Case

Philip Michael Thoennes, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review Kate Brown. Also on the briefs were Ellen Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Tyler Smith, Tyler Smith & Associates PC, Canby, argued the cause and filed the brief for respondent on review.

Kristian Spencer Roggendorf, The Zalkin Law Firm, Evergreen, Colorado, filed the brief for amicus curiae Oregon Trial Lawyers Association.

This case concerns attorney fees awarded by the Court of Appeals following its decision in De Young v. Brown, 297 Or.App. 355, 443 P.3d 642 (2019) ("De Young I"). The question before this court is a narrow one— namely, whether the Court of Appeals erred in allowing plaintiff's petition for attorney fees under the...

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