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DEQ v. BANEY CORP.

9411-07727; CA A92250.

956 P.2d 1060 (1998)

153 Or. App. 289

The DEPARTMENT OF ENVIRONMENTAL QUALITY, Respondent, v. BANEY CORPORATION and Curtis Baney, Appellants.

Court of Appeals of Oregon.

Decided April 1, 1998.

Attorney(s) appearing for the Case

John A. Berge, Bend, argued the cause for appellants. With him on the briefs was Bryant, Lovlien & Jarvis, P.C.

John T. Bagg, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LANDAU, J., and ROSSMAN, Senior Judge.

LANDAU, Judge.

The Oregon Department of Environmental Quality (DEQ) initiated this action to obtain access to the property of defendant Baney Corporation for the purpose of installing a well to monitor contamination of groundwater. The trial court enjoined Baney Corporation to permit the access and awarded DEQ attorney fees. On appeal, Baney Corporation challenges the trial court's attorney fee award, contending both that DEQ is not statutorily entitled to fees and...

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