PACIFIC NORTHWEST DEVELOPMENT CORP. v. Holloway

Plaintiff brought this forcible entry and detainer action in the District Court for Multnomah County to recover possession of an apartment unit. As an affirmative defense, defendants alleged that plaintiff’s "notice to vacate was not given in good faith.” The jury specially found that plaintiff had not acted in good faith 2 and the district court entered judgment, including attorney fees, 3 costs and disbursements, in favor of defendants.

Pursuant to ORS 46.250 plaintiff appealed to the circuit court. The case was tried de novo to the court, which found: "Defendants have failed to sustain the…