Rieman v. Swope

Defendant appeals from a judgment for plaintiff Collette Whitton, 1 and makes three assignments of error: The trial court erred when it (1) held that defendant violated ORS 90.610; (2) awarded Whitton $100 in noneconomic damages; and (3) refused to designate defendant as the prevailing party with regard to all plaintiffs except Whitton. Plaintiffs’ arguments present only questions of law and, accordingly, we review for errors of law, Wade v. Mahler, 167 Or App 350, 352, P3d 485, rev den, 331 Or 334 (2000), and reverse.

The facts are largely undisputed. Defendant was the landlord of Aspen Creek…