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BOGGS v. MULTNOMAH COUNTY

470 P.2d 159 (1970)

In the matter of the Relocation, Widening and Establishment of N.E. Columbia Blvd., No. 527, from N.E. 92D Avenue to N.E. 52D Avenue, to Be Known As N.E. Columbia Blvd., No. 3955. D. Stanley BOGGS, Tr., Respondent, v. MULTNOMAH COUNTY, a Political Subdivision of the State of Oregon, Appellant.

Court of Appeals of Oregon, Department 2.

Decided June 4, 1970.

Attorney(s) appearing for the Case

George Van Hoomissen, Dist. Atty., and Charles S. Evans, Asst. Chief Civil Deputy, Portland, for appellant.

No appearance for respondent.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

Multnomah County condemned land for road purposes under ORS ch. 368, and made an award to respondent landowner. The latter appealed to circuit court from the award, and a jury allowed a substantially larger award. Multnomah County appeals from the inclusion by the court in the judgment of $1,500 for attorney fees. The county contends that inasmuch as ch. 368 contains no provision for attorney fees, none may be allowed. The same contention was rejected...

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