Chiles v. Robertson

Plaintiffs and defendants separately petition for reconsideration of our decision in this case. 94 Or App 604, 767 P2d 903 (1988). Plaintiffs also petition for an award of attorney fees and assert that we are without jurisdiction to determine an issue concerning the trial court’s award of attorney fees. We allow defendants’ petition in order to discuss several factual issues. We modify our former opinion in accordance with our discussion and adhere to the opinion as modified. We deny plaintiffs’ petitions for reconsideration and attorney fees but allow the jurisdictional motion.

We first…