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Awbrey Towers v. Western Radio Services

Summarized by: 

Date Filed: 04-25-2012
Case #: A140840
Hadlock, J. for the Court; Ortega, P.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A140840.pdf

Attorney Fees: Under ORS 20.096(1), attorney fees are available to the prevailing party when the action is brought to enforce any provisions of the underlying agreement.

Western Radio Services, Inc. ("Western") appealed a judgment in favor of Awbrey Towers, LLC ("Awbrey"). Awbrey owns property on which it operates and maintains communication towers, and Western is one of its seven members. Pursuant to its operating agreement, Awbrey makes capital calls on each of its members for 1/7 of the towers' maintenance costs. Awbrey brought this claim against Western, to collect its share of the contributions. On appeal, Western made four assignments of error, only two of which the Court of Appeals addresses. First, Western argued that the trial court erred in finding that the capital calls were legitimate, alleging that the expenditures benefitted only the other six LLC members. The Court found sufficient evidence that the capital contributions benefited all members. Second, Western argued that the lower court erred in awarding attorney fees. The Court rejected this error because pursuant to ORS 20.096(1), attorney fees are available to the prevailing party under the agreement. Affirmed.