Lemargie v. Johnson

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 two neighboring homeowners. Each party brought numerous claims or counterclaims against the other. The facts of those claims are not relevant to the…