Knudsen v. Clatsop County Board of Commissioners

The question presented by this case is whether ORS 20.0851 authorizes an award of attorney fees and costs to a landowner who successfully opposes in county court proceedings a proposed way of necessity across her land.

The Struloeffs petitioned the Clatsop County Court under ORS ch 376 to establish a road to their residence across respondent Mary Knudsen’s property. Respondent answered to oppose the petition and alleged entitlement under ORS 20.085 to reasonable attorney fees and costs. The county court denied the Struloeffs’ petition, and also denied respondent’s claim for attorney fees and…