Brookshire v. Johnson

The sole issue in this case is whether a landowner whose land has been burdened by a way of necessity granted to another pursuant to ORS 376.105 is entitled to attorney fees on appeal.

Petitioners, who alleged that they were owners of a farm which had no means of ingress or egress, were granted a way of necessity over the landowner’s property. The landowner was dissatisfied with the amount recommended by the county viewers and awarded by the county court. On appeal, the circuit court increased the landowner’s award but denied her request for attorney fees. The landowner appeals that denial.

The…