Pike v. Wyllie

In Pike v. Wyllie, 100 Or App 120, 785 P2d 764, rev den 310 Or 121 (1990), we reversed the trial court on objectors’ cross-appeal, upholding the county court’s decision that petitioners are not entitled to a statutory way of necessity. Objectors now seek attorney fees incurred on appeal, pursuant to ORS 376.175(2)(e). Petitioners object, contesting the reasonableness of the amount and contending that there is no statutory basis for an award of attorney fees. The amount requested is reasonable. We write only to address the second contention.

Before 1979, there was no statutory provision that…