DocketNumber: 161211098; A159608
Citation Numbers: 281 Or. App. 776, 383 P.3d 976
Judges: Armstrong, Shorr, Tookey
Filed Date: 10/19/2016
Status: Precedential
Modified Date: 9/9/2022
Plaintiffs LDS Development, LLC (LDS), and Stonecrest Properties, LLC (Stonecrest), appeal from a supplemental judgment awarding attorney fees and costs to defendant City of Eugene. Both plaintiffs assign error to the trial court’s determination that the city was entitled to attorney fees; Stonecrest also argues that the fees awarded were unreasonable. Our resolution of this appeal obviates the need to discuss those assignments of error in any detail.
The award of fees detailed in the supplemental judgment at issue in this appeal is premised on the trial court’s resolution of plaintiffs’ claims in a general judgment issued previously. In that general judgment, the trial court granted summary judgment in favor of the city on claims by LDS
The general judgment reversed in LDS Development, LLC, 280 Or App at 614, granted summary judgment to the city on all remaining claims and counterclaims, and was the basis for the attorney fees awarded in the supplemental judgment. Our reversal of that general judgment requires the reversal and remand of the supplemental judgment for
Reversed and remanded.
Stonecrest initiated the action against the city, bnt was later substituted by LDS as plaintiff. The award of attorney fees was assessed against both LDS and Stonecrest in the supplemental judgment. Both LDS and Stonecrest appealed from the supplemental judgment and filed briefs assigning error to the award of attorney fees.