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PORTLAND GENERAL ELEC. CO. v. MEAD

062137; A139931.

234 P.3d 1048 (2010)

235 Or. App. 673

PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation, Plaintiff-Appellant, v. William Ray MEAD and Frances Marie Mead, husband and wife, Defendants-Respondents, and Fidelity National Title Insurance Company of Oregon and Wells Fargo Bank, N.A., Defendants.

Court of Appeals of Oregon.

Decided June 16, 2010.

Attorney(s) appearing for the Case

David H. Griggs, Portland, argued the cause for appellant. With him on the briefs were Shane P. Swilley and Dolan Griggs LLP.

Richard S. Diaz, Newport, argued the cause for respondents. With him on the brief was Macpherson, Gintner & Diaz.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

The issue in this case is one of law— whether a statutory change to costs, including attorney fee awards, in eminent domain cases applied to cases that were pending when the statute went into effect. The trial court concluded that the statute applied to all prospective cost awards without regard to when the case was filed, and awarded costs. Condemnor appeals. For the reasons stated below, we conclude that the statute requires an award of attorney...

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