Notwithstanding ORS § 30.938, in an action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party is not entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal if:

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Terms Used In Oregon Statutes 215.238

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(1) The party owns, operates or attends an agri-tourism or other commercial event or activity authorized under ORS § 215.213 (11) or 215.283 (4); and

(2) The action or claim arises from the event or activity. [2011 c.567 § 4]

 

See note under 215.237.

 

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