Recovery of damages
- attorney fees, costs and disbursements
Source:
Section 34.210 — Recovery of damages; attorney fees, costs and disbursements, https://www.oregonlegislature.gov/bills_laws/ors/ors034.html.
Notes of Decisions
In action for writ of mandamus against a city which included request for damages, plaintiff was not entitled to damage award, even though writ was granted when it did not establish necessary elements of cause of action. State ex rel Kashmir Corp. v. Schmidt, 49 Or App 271, 619 P2d 918 (1980), aff’d 291 Or 603, 633 P2d 791 (1981)
Statute is exclusive basis for award of attorney fees in mandamus action. State ex rel Pend-Air Citizen’s Committee v. City of Pendleton, 145 Or App 236, 929 P2d 1044 (1996), Sup Ct review denied
Factors to be considered in determining whether award of attorney fees is proper include whether plaintiff’s success vindicates rights of others with regard to broad-based interest, complexity of legal issue involved and whether agency position was reasonable. State ex rel Pend-Air Citizen’s Committee v. City of Pendleton, 145 Or App 236, 929 P2d 1044 (1996), Sup Ct review denied
Limitation on joining damage claim with mandamus action supersedes general rule of ORCP 24A permitting joinder of claims. Holman v. City of Warrenton, 242 F. Supp. 2d 791 (D. Or. 2002)
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