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MORGAN v. HART

CC 16-93-04500; CA A87969; SC S43576.

937 P.2d 1024 (1997)

325 Or. 348

Bruce S. MORGAN, Respondent, v. David E. HART, Kevin Paige Hart, David A. Halladey and Barclays American Mortgage Corporation, Respondents. In the Matter of Way of Necessity, Bruce S. MORGAN, Petitioner on Review, v. Laurence E. THORP and M.M. Thorp, Al King and Denise King, Terry D. Thomas and Virginia L. Thomas, Elwood A George, Robin L. Rutherford and P.M. Rutherford, Respondents on Review. David E. HART, Kevin Paige Hart, Respondents, v. Bruce S. MORGAN, Respondent. Laurence E. THORP and M.M. Thorp, Al King and Denise King, Terry D. Thomas and Virginia L. Thomas, Elwood A. George, Robin L. Rutherford and P.M. Rutherford, Appellants, v. Bruce S. MORGAN, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 30, 1997.

Attorney(s) appearing for the Case

Joel S. DeVore, of Luvaas, Cobb, Richards & Fraser, P.C., Eugene, argued the cause for petitioner on review. Harold D. Gillis, of Gleaves, Swearingen, Larsen, Potter, Scott & Smith, Eugene, filed the petition.

G. David Jewett, of Thorp, Purdy, Jewett, Urness & Wilkinson, P.C., Springfield, argued the cause and filed a brief for respondents on review. Douglas R. Wilkinson, filed the response.

GRABER, Justice.

The question before us is whether the statutes governing litigation over a "way of necessity" require a plaintiff seeking a way of necessity to pay attorney fees incurred by a landowner whose property is the subject of the route recommended in the required surveyor's report and who appears in the action, even when the plaintiff did not propose that the way of necessity be located on that landowner's property. We answer that question in the affirmative...

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