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RIVERVIEW WATER CORP. v. NORTH ALBANY COUNTY

37515; CA A32320.

691 P.2d 488 (1984)

70 Or.App. 727

RIVERVIEW WATER CORPORATION, an Oregon Corporation, Appellant, v. NORTH ALBANY COUNTY Service District, Respondent.

Court of Appeals of Oregon.

Decided November 14, 1984.

Attorney(s) appearing for the Case

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, P.J., and VAN HOOMISSEN and YOUNG, JJ.

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...

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