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GUILD v. BAUNE

C001917CV; A117805.

115 P.3d 249 (2005)

200 Or. App. 397

Stanley I. GUILD and Elvira M. Guild, Appellants, v. Richard BAUNE and Mary Baune, husband and wife; Paul Roberts and Ann-Marie Roberts, husband and wife, and Michael J. Pfau, Respondents, and James Sicard and Dina Sicard, husband and wife, Defendants.

Court of Appeals of Oregon.

Decided June 29, 2005.

Attorney(s) appearing for the Case

A. Richard Vial, Portland, argued the cause for appellants. On the briefs were Christopher M. Tingey and Vial Fotheringham LLP.

Gregory W. Byrne, Portland, argued the cause and filed the brief for respondents Richard and Mary Baune and Paul and Ann-Marie Roberts.

James H. Marvin, Portland, argued the cause and filed the brief for respondent Michael J. Pfau.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

ORTEGA, J.

Plaintiffs appeal supplemental judgments awarding attorney fees, costs, and prevailing party fees to the three sets of defendants (the Baunes, the Robertses, and Pfau) in this declaratory judgment proceeding, which was brought to determine the rights and liabilities for maintenance of an easement. The legal basis for the fee awards was ORS 105.180. However, because this action does not arise under ORS 105.180, that statute cannot serve as a basis for an...

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