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KNUDSEN v. CLATSOP COUNTY BD. OF COM'RS

No. CC78-692; CA 15213.

608 P.2d 581 (1980)

45 Or.App. 352

Mary KNUDSEN, Respondent, v. CLATSOP COUNTY BOARD OF COMMISSIONERS, Composed of: Don O. Corkill, Albert Palmer and Orvo Nikkula, Respondents, William G. Struloeff and Shirley M. Struloeff, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided March 24, 1980.

Attorney(s) appearing for the Case

Steven D. Gerttula, Astoria, argued the cause for appellants. With him on the brief was Anderson, Fulton, Lavis & Van Thiel, Astoria.

W. Louis Larson, Astoria, argued the cause for respondent. With him on the brief was Larson & Fischer, Astoria.

Before SCHWAB, C.J., and THORNTON and CAMPBELL, JJ.

SCHWAB, Chief Judge.

The question presented by this case is whether ORS 20.0851 authorizes an award of attorney fees and costs to a landowner who successfully opposes in county court proceedings a proposed way of necessity across her land.

The Struloeffs petitioned the Clatsop County Court under ORS ch. 376 to establish a road to their residence across respondent Mary Knudsen's property. Respondent answered to oppose the petition...

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