REED v. JACKSON COUNTY CITIZENS LEAGUE

00-1628-L2; A113967.

50 P.3d 1287 (2002)

183 Or. App. 89

Coy REED and Penny Reed, Appellants, v. JACKSON COUNTY CITIZENS LEAGUE, an Oregon nonprofit corporation, Respondent.

Court of Appeals of Oregon.

Decided July 31, 2002.


Attorney(s) appearing for the Case

Ryan J. Vanderhoff filed the briefs for appellants. With him on the brief was Hornecker, Cowling, Hassen & Heysell, L.L.P., Medford.

Ralph O. Bloemers, Portland, argued the cause for respondent. With him on the brief was Christopher G. Winter.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


HASELTON, P.J.

Plaintiffs, who prevailed in the underlying trespass action, appeal from a supplemental judgment denying their petition for attorney fees pursuant to ORS 20.080. The trial court concluded that defendant had made a prefiling "tender" that was sufficient under ORS 20.080(1) to preclude plaintiffs' entitlement to fees. We disagree and, consequently, reverse and remand.

The material facts are undisputed. Plaintiffs own real property located in Jackson...

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