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BEDFORD v. MERETY MONGER TRUST EX REL. MONGER

09CV0709CC; A146562.

286 P.3d 912 (2012)

251 Or. App. 778

Dan BEDFORD and Crystal Bedford, husband and wife, Plaintiffs-Respondents, v. MERETY MONGER TRUST, by and through Curtis MONGER, Trustee of the Merety Monger Trust, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 22, 2012.

Attorney(s) appearing for the Case

Jonathan H. Johnson , Bend, argued the cause and filed the brief for appellant.

Dan G. McKinney argued the cause for respondents. With him on the brief was DC Law and Johnson & McKinney PC.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

This dispute began when defendant shut off a water system located on its property that diverted water from a nearby spring or creek to plaintiffs' property, and it now concerns an attorney fee award under ORS 20.080 after plaintiffs prevailed at trial. Plaintiffs' complaint included two tort claims and a request for attorney fees under ORS 20.080, which provides a right to fees on small tort claims. The trial...

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