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BROOKSHIRE v. JOHNSON

544 P.2d 164 (1976)

In the matter of the Establishment of Road Access to the Land of Jack B. BROOKSHIRE and Virginia L. Brookshire, and I.D. McKinney and Betty J. McKinney, Brookshires and McKinneys, above-Named, Respondents, v. Judith J. JOHNSON, Appellant.

Supreme Court of Oregon.

Decided January 15, 1976.

Attorney(s) appearing for the Case

Norman K. Winslow, Salem, argued the cause and filed a brief for appellant.

Scott McArthur, Monmouth, argued the cause for respondents. On the brief were George M. Jennings, and McArthur & Horner, Monmouth.

Before McALLISTER, P.J., and HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

HOWELL, Justice.

The sole issue in this case is whether a landowner whose land has been burdened by a way of necessity granted to another pursuant to ORS 376.105 is entitled to attorney fees on appeal.

Petitioners, who alleged that they were owners of a farm which had no means of ingress or egress, were granted a way of necessity over the landowner's property. The landowner was dissatisfied with the amount recommended by the county viewers and awarded by the...

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