Tuesday, June 21, 2011

CLATSOP COUNTY SEEKS ATTORNEY FEES FROM OREGON PIPELINE

Clatsop County filed a motion in circuit court yesterday (Monday) seeking reimbursement for more than $60,000 in attorney fees incurred in the legal dispute over the county’s jurisdiction of the Oregon Pipeline LLC land-use application.

The motion claims the county should not be liable for the fees, which total $61,758.

The county’s position is that legal maneuvers by Oregon Pipeline resulted in unnecessary delays in the proceedings.

The county and Oregon Pipeline recently went to court on a “writ of mandamus” motion claiming the county had exceeded the legal deadline for issuing a final decision for Oregon Pipeline’s consolidated land use application .

Following a hearing in Clatsop County Circuit Court last month, Judge Phil Nelson denied Oregon Pipeline’s mandamus motion. The company has appealed that ruling to the Oregon Court of Appeals.

Clatsop County is seeking reimbursement under state law that allows a judge to award legal fees to the prevailing party in a mandamus action.

The board is awaiting the outcome of the mandamus issue, including the appeal to the Court of Appeals, before taking further action on the application.

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