Reed v. Jackson County Citizens League

Plaintiffs, who prevailed in the underlying trespass action, appeal from a supplemental judgment denying their petition for attorney fees pursuant to ORS 20.080. The trial court concluded that defendant had made a prefiling “tender” that was sufficient under ORS 20.080(1) to preclude plaintiffs’ entitlement to fees. We disagree and, consequently, reverse and remand.

The material facts are undisputed. Plaintiffs own real property located in Jackson County. On April 20, 2000, plaintiffs sent defendant a letter alleging that defendant’s agents had impermissibly trespassed on plaintiffs’ land in…