League of Oregon Cities v. State of Oregon

Summary

The Oregon Supreme Court denied reconsideration of an order denying attorney fees to the McCall plaintiffs. The court held that an order entered by an equally divided court is binding on the parties, although it does not constitute precedent for other cases, and that an equally divided court cannot grant affirmative relief.

Holdings

1. An equally divided court cannot act to grant affirmative relief; therefore, the court properly denied the petition for attorney fees and reconsideration.
2. An order denying relief by an equally divided court is a ruling and is binding on the parties, even though it is not precedent for other cases.

Questions Presented

1. Whether an equally divided court may grant affirmative relief on a petition for attorney fees.
2. Whether an order denying relief by an equally divided court is a ruling that binds the parties.
3. Whether an equally divided court's order constitutes precedent or provides guidance for other cases.

Disposition

denied