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LENN v. BOTTEM

120509806; A133691.

190 P.3d 399 (2008)

221 Or. App. 241

Ronald LENN and Kathleen Lenn, Plaintiffs-Appellants, v. Dennis BOTTEM and Julia Bottem, Defendants-Respondents.

Court of Appeals of Oregon.

Decided July 23, 2008.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellants.

Rohn M. Roberts, Eugene, argued the cause for respondents. With him on the brief was Arnold Gallagher Saydack Percell Roberts & Potter, P.C.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Plaintiffs initiated this action to obtain title to a strip of defendants' land by way of adverse possession or boundary by agreement. The trial court rejected their claims and ruled for defendants. Defendants then sought an award of attorney fees under ORS 20.105(1) and an enhanced prevailing party fee under ORS 20.190(3), arguing that there was no objectively reasonable basis for either of plaintiffs' claims, given the existence of certain documents...

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