By Rebecca Wallis
Newberg, OR -August 28, 2024
In a significant ruling issued by the Circuit Court of Yamhill County, Judge Cynthia L. Easterday has denied the plaintiffs’ request for attorney fees in the case of Beth Woolsey, Greg Woolsey, Jeff McNeal, Kathleen McNeal, Meghan Rogers-Czarnecki, Stefan Czarnecki, and Elizabeth Gemeroy v. Newberg School District 29J, along with individual defendants Trevor DeHart, Renee Powell, Brian Shannon, and Dave Brown.
The plaintiffs had initially sought $358,585 in attorney fees, $1,435.15 in costs, and $9,458.39 in litigation expenses from the Newberg School District. This request followed a court ruling on November 28-30, 2023, where the plaintiffs prevailed against the individual defendants on one of four claims but did not succeed in their claims against the school district itself.
Judge Easterday, citing ORS 192.680(3), emphasized that while the statute authorizes courts to award attorney fees to a successful plaintiff in cases involving public bodies, such awards are discretionary and not mandatory. After careful consideration of the statutory factors under ORS 20.075, which include the conduct of the parties, the reasonableness of their claims, and the potential impact of an attorney fee award on future litigation, the court determined that an award of attorney fees against the Newberg School District was not warranted.
In her ruling, Judge Easterday noted that the Newberg School District had made efforts to prevent and mitigate the actions of the individual defendants, who were found to have violated public meetings law. The court found that the district’s conduct did not support the plaintiffs’ claim for attorney fees. However, the plaintiffs were awarded a prevailing party fee of $105.00.
Once the order is submitted and signed by the judge, it will become an appealable order. If the plaintiffs choose to appeal this decision, it could potentially cost the Newberg School District more in legal fees during the appeal process.
The decision is seen as a notable example of the discretion courts hold in awarding attorney fees in cases involving public entities, particularly when those entities have demonstrated efforts to adhere to legal standards, even in complex and contentious situations.
Attorneys Judy Snyder and Melissa Hopkins, representing the plaintiffs, are expected to prepare the order following Judge Easterday’s ruling.
Editors note: This ruling takes a burden off the school district that is already battling a budget deficit.
Photo credit : Yamhill County News file
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