1. Home
  2. Browse Decisions
  3. P.3d
  4. 157 P.3d
  5. 157 P.3d 1284 (2007)
 

LEMARGIE v. JOHNSON

04C15835; A130357.

157 P.3d 1284 (2007)

212 Or. App. 451

Michelina Mary LEMARGIE and Joel Rosano Alvarez, Plaintiffs-Appellants, v. W. Norman JOHNSON, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 2, 2007.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellants. With him on the briefs was Swanson, Lathen, Alexander & McCann, PC.

Gina A. Johnnie, Salem, argued the cause for respondent. With her on the brief was Sherman, Sherman, Johnnie & Hoyt, LLP.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SERCOMBE, Judges.

WOLLHEIM, J.

Plaintiffs appeal a supplemental general judgment denying their claim for attorney fees as the prevailing party on defendant's counterclaim for maintenance of an easement, pursuant to ORS 105.175 and ORS 105.180. Plaintiffs argue that, under ORS 105.180(2), the trial court was required to award attorney fees to the prevailing party. We agree with plaintiffs. Accordingly, we reverse and remand.

The underlying dispute concerns an easement between...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases