Pfaendler v. Bruce

This case concerns claims involving two different easements. Plaintiff appeals after the trial court ruled against him. Defendant cross-appeals, challenging the award of attorney fees and costs that the trial court awarded to him. On de novo review, ORS 19.415(3) (2001),1 we reverse in part, affirm in part on appeal, and vacate the award of attorney fees and costs to defendant. We dismiss the cross-appeal as moot.

Plaintiff and defendant are neighbors. Their homes are located along the coast near Brookings in a subdivision situated on a hillside. The subdivision was developed in increments,…