Legal Opinion
State Highway Commission v. Stockhoff
Court of Appeals of Oregon
Decided July 29, 1974No. 21342PublishedCited by 3 opinions
1Opinion of the CourtTanzee, J.
Respondents petitioned for review contending that we erred in denying their motion for attorney fees on appeal in this condemnation case.
Attorney fees are available to a successful litigant only when so provided by the Constitution or by statute. The rule applies with full force to condemnation suits. Multnomah County v. Burbank, 235 Or 616, 618, 386 P2d 444 (1963).
This suit was commenced on June 28,1971. Defendants point to former ORS 366.380 (9), applicable to actions commenced prior to September 9, 1971, as the statutory source of the court’s authority to award attorney fees on appeal.…
2Cases cited3 opinions
- Re Petition of ReederOregon Supreme Court · 1924
- Multnomah County v. BurbankOregon Supreme Court · 1963
- State Highway Commission v. HurshOregon Supreme Court · 1966
3Cited by3 opinions
- Government of the Virgin Islands v. Approximately 3.4 Acres of Land Located at Parcels No. 4-2 & 4-3 Estate EnsomhedDistrict Court, Virgin Islands · 1975
- State ex rel. State Highway Commission v. BoothmanCourt of Appeals of Oregon · 1975
- Douglas County v. BrownCourt of Appeals of Oregon · 1979