State Highway Commission v. Zachary

McAllister, c. j.

This is a proceeding to condemn land in Jackson county for the relocation of the Pacific Highway. The jury awarded defendants an amount greater by about $15,000 than that tendered them by the highway commission before it commenced the action. Thereafter the judge held a hearing and pursuant to ORS 366.380 (9) ① allowed the defendants an attorney’s fee of $3,750. Defendants appeal.

The only assignment of error states that the court “erred by fixing defendants’ attorneys fees in an amount not supported by any substantial, competent evidence.” We think this assignment of error is…