Tri-County Metropolitan Transportation District v. Aizawa

In this condemnation action, plaintiff, Tri-County Metropolitan Transportation District of Oregon (TriMet), appeals from a second supplemental judgment awarding defendant, Deborah Noble, an additional $9,537.28 in attorney fees after the trial court had already entered a supplemental judgment awarding her $13,796.33 in attorney fees. The parties dispute whether ORS 35.300(2) precluded the trial court from awarding defendant “fees on fees” when she petitioned for attorney fees under ORCP 68, that is, additional attorney fees incurred by her as a result of litigating her entitlement to attorney…