RIVERVIEW WATER v. NORTH ALBANY CO. SERVICE DIST., 70 Or. App. 727 (1984)

691 P.2d 488

RIVERVIEW WATER CORPORATION, Appellant, v. NORTH ALBANY COUNTY SERVICE DISTRICT, Respondent.

37515; CA A32320Oregon Court of Appeals.Argued and submitted November 5, 1984
Reversed and remanded with instructions November 14, 1984

Appeal from Circuit Court, Benton County.

Robert S. Gardner, Judge.

Leonard H. Beasley, Portland, argued the cause for appellant. On the briefs were Randall B. Bateman and Samuels, Samuels, Yoelin Weiner, Portland.

Todd G. Brown, Corvallis, argued the cause for respondent. On the brief was Linda A. Audrain, Corvallis.

Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.

PER CURIAM

Reversed and remanded with instructions to award plaintiff costs and attorney fees.

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PER CURIAM

This is an inverse condemnation action. It is clear, both from the trial court’s memorandum opinion and its judgment, that plaintiff prevailed in its inverse condemnation claim. It is therefore entitled to an award of costs and attorney fees pursuant to ORS 20.085. The trial court’s ruling to the contrary was error.

Reversed and remanded with instructions to award plaintiff costs and attorney fees.

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