Lewis v Beyer and Oregon PUC, 235 Or App ___ (May 26, 2010) reversed a trial court award for attorney fees in a public interest law suit because of lack of adequate findings. The case is interesting because it checklists the various legal theories a plaintiff’s attorney can pursue for compensation after a successful attack against a state agency. It also checklists all the legal arguments the defendant state agency uses to attack back. It road maps exactly what the court needs to rule on the appeal. So it is a great resource for lawyers.
As a policy matter, it is safe to say that protective legislation that is adequately enforced is probably more economical than litigation but therein lies the catch. Without the likes of Dan Meek and Linda Williams the public wouldn’t know until there has been considerable damage what has been occurring. But if they can’t get compensated, however, can they continue?