Brennan v. La Tourelle Apartments

*237EDMONDS, P. J.

Plaintiff appeals from a judgment dismissing as moot his claim under ORS 105.112 for the return of personal property. Defendant cross-appeals assigning error to the trial court’s failure to award attorney fees under ORS 90.255 as the prevailing party in this action. We affirm on the appeal and reverse and remand on the cross-appeal.

Plaintiffs complaint alleges that defendant wrongfully prevented plaintiff from recovering his personal property from defendant’s premises. Defendant filed an answer in which it denied that plaintiff was entitled to recover possession of the personal…