Morat v. Sunset Village, LLC

The court of appeals “discern[s] [the meaning of statutes based] on the words of the statutes in context and, when helpful, legislative history and other interpretive aids. State v. Gaines, 346 Or 160, 171-72, 206 P3d 1042 (2009). Because it is a judicial proceeding, “plaintiff’s attorney fees may still be recoverable under ORS 742.061 in court-annexed arbitration.” Robinson v. Tri-Met, 277 Or App 60, 62 n 3, 370 P3d 864 (2016), rev den, 361 Or 886 (2017).

Landlord appealed a judgment awarding tenant $1,180 for the cost of a tree removal as well as attorney fees. Landlord assigned error to the trial court’s interpretation of ORS 90.727 and the trial court’s imposition of attorney fees. On appeal, landlord argued that had landlord not amended tenant’s lease, ORS 90.727 requires that tenant bear the cost of the tree’s removal. Landlord also argued that the trial court lacked the authority to award attorney fees for court-annexed arbitration.  The court of appeals “discern[s] [the meaning of statutes based] on the words of the statutes in context and, when helpful, legislative history and other interpretive aids. State v. Gaines, 346 Or 160, 171-72, 206 P3d 1042 (2009). Because it is a judicial proceeding,  “plaintiff’s attorney fees may still be recoverable under ORS 742.061 in court-annexed arbitration.” Robinson v. Tri-Met, 277 Or App 60, 62 n 3, 370 P3d 864 (2016), rev den, 361 Or 886 (2017). The court of appeals held that Landlord bore the costs of removing the tree and that the trial court had the authority to award attorney fees. Affirmed.