# State Ex Rel. Aspen Group, Inc. v. Washington County Board of Commissioners

> Court of Appeals of Oregon · March 15, 2000 · 166 Or. App. 217

URL: https://www.frixlaw.com/law-library/cases/9576465

## Case

- **Full name:** STATE OF OREGON Ex Rel THE ASPEN GROUP, INC., Respondent, v. WASHINGTON COUNTY BOARD OF COMMISSIONERS, Comprised of Kathy Christy, Andrew Duyck, Kim Katsion, Linda Peters and Roy Rogers, Respondent, and Margery CRIST, Intervenor-Appellant
- **Court:** Court of Appeals of Oregon
- **Decided:** March 15, 2000
- **Citations:** 166 Or. App. 217; 996 P.2d 1032; 2000 Ore. App. LEXIS 376
- **Precedential status:** Published
- **Opinion:** Concurrence by Haselton
- **Judges:** De Muniz, Haselton, Wollheim
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9576465

## Opinion text

HASELTON, J.,
concurring.
I write separately to express my view that the error here was, in large part, of our own making.
In Aspen Group I, in which I joined, we remanded for reconsideration of the fee award. In doing so, we necessarily implied that, on these facts, under ORS 20.075(1), the trial court might possess some discretion to award fees. We were wrong in that regard. In fact, as the majority demonstrates, the only legally permissible exercise of discretion was, and is, to deny fees.
Appellate hindsight, even more than most, is 20/20. Nevertheless, the proper result in Aspen Group 1 should have been an outright reversal.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9576465. Public record. Not legal advice.