Beaverton Sch. Dist. 48J v. Ward

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 09-14-2016
  • Case #: A156258
  • Judge(s)/Court Below: DeVore, J. for the Court; Ortega, P.J.; & Garrett, J.

Under ORS 20.075, a trial court weighing the relevant statutory factors, has “substantial discretion" in determining attorney fees.

Defendants (Landowners) appealed the trial court’s supplemental judgment of attorney fees. Landowners assigned error to the trial court’s determination of the amount of attorney fees. On appeal, Landowners argued that the trial court abused its discretion, given the relevant statutory factors under ORS 20.075. Under ORS 20.075, a trial court has “substantial discretion” in weighing the relevant statutory factors to determine reasonable attorney fees. The Court held that under ORS 20.075, given the totality of the circumstances in this case, the trial court’s award of attorney fees was within the permissible bounds of its discretion. Affirmed.

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