Multnomah County v. Burbank

This is a proceeding brought by Multnomah County to condemn for use as a public park certain land owned by defendants. On the day set for trial of the case plaintiff moved for a voluntary nonsuit which was granted. Defendants thereafter filed a cost bill including an item of $1,800 as an attorney’s fee, to which item the plaintiff objected. After a hearing the court allowed the cost bill, including the attorney’s fee in the sum of $1,800. Plaintiff appeals.

The question presented is whether ORS 281.330 authorizes the allowance of an attorney’s fee to defendant in a condemnation proceeding…