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HEWITT v. LANE COUNTY

456 P.2d 967 (1969)

In the matter of the Establishment of a County Road Known As Beltline Road from the Old North Highway No. 99 North, Easterly about 6.04 Miles to County Road No. 180 and 42 (Old Coburg Road) through Sections 15, 14, and 13, Township 17 South, Range 4 West, and Sections 18, 17, 16 and 21, Township 17 South, Range 3 West, Willamette Meridian. William J. HEWITT and Margaret J. Hewitt, Husband and Wife, and Pearl A. Hewitt, a Single Person, Respondents and Cross-Appellants, v. LANE COUNTY, a Political Subdivision of the State of Oregon, Appellant and Cross-Respondent.

Supreme Court of Oregon, Department 2.

Decided July 16, 1969.

Attorney(s) appearing for the Case

Michael E. Murphy, Deputy Dist. Atty., Eugene, argued the cause for appellant and cross-respondent. With him on the briefs was John B. Leahy, Dist. Atty., Eugene.

Vernon D. Gleaves, Eugene, argued the cause for respondents and cross-appellants. On the brief were Butler, Husk & Gleaves, Eugene.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, DENECKE, and HOLMAN, JJ.

GOODWIN, Justice.

The question in this appeal is whether, by proceeding under ORS ch. 368 instead of chapter 281, a county can avoid liability for attorney fees when it loses a contest over just compensation for land taken for highway purposes.

In 1967, the Board of Commissioners of Lane County appointed a board of viewers to locate a new road and to assess the compensation to be paid landowners whose property would be taken for the road. The viewers, proceeding...

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