Lenn v. Bottem

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 of which plaintiffs were aware that conclusively defeated their claims. The trial court agreed and awarded the attorney fees and an enhanced…