Erickson v. R&R Ranches, LLC.

Under Whittle v. Marion County Dist. Court, 108 Or App 463 (1991), ORS 90.255 authorizes attorney fees in any action having “a connection to a dispute under a residential lease or rental agreement subject to ORS chapter 90.”

R&R Ranches appealed from the dismissal of their counterclaim that Erickson breached an obligation under a stipulated judgment entered after court-sponsored mediation in a forcible entry and detainer (FED) action. R&R assigned error to the trial court’s award of attorney fees to Erickson under ORS 90.255. On appeal, R&R argued that no authority supported the trial court’s award. Under Whittle v. Marion County Dist. Court, 108 Or App 463 (1991), ORS 90.255 authorizes attorney fees in any action having “a connection to a dispute under a residential lease or rental agreement subject to ORS chapter 90.” The court reasoned that because R&R’s claim stemmed from a stipulated judgment entered in a “FED proceeding originating out of a residential lease subject to ORS chapter 90,” Erickson was entitled to attorney fees “for prevailing on R&R’s counterclaim.” Affirmed.