2017 ORS 662.090¹
Notice of hearing
  • issuance of temporary injunction without notice
  • attorney fees

(1) The hearing shall be held after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to the chief of those public officials of the county and city within which the unlawful acts have been threatened or committed charged with the duty to protect complainant’s property. However, if a complainant also alleges that, unless a temporary restraining order is issued without notice, a substantial and irreparable injury to complainant’s property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing after notice. Such a temporary restraining order shall be effective for no longer than five days and shall become void at the expiration of the five days.

(2) No temporary restraining order or temporary injunction shall be issued except on condition that complainant first files an undertaking with adequate security in an amount to be fixed by the court sufficient to recompense those enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs, together with a reasonable attorney fee at trial and on appeal and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.

(3) The undertaking mentioned in subsection (2) of this section shall be understood to signify an agreement entered into by the complainant and the surety upon which a judgment may be rendered in the same action or proceeding against the complainant and surety, upon a hearing to assess damages of which hearing complainant and surety shall have reasonable notice, the complainant and surety submitting themselves to the jurisdiction of the court for that purpose. This section does not deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue the ordinary remedy of the party by action for legal or equitable remedies. [Amended by 1979 c.284 §188; 1981 c.897 §98]

Notes of Decisions

Fact that injunc­tion was upheld against one defendant does not prohibit award of attorney fees to defendants against whom injunc­tion was erroneously issued. Louisiana-Pacific v. Lumber and Sawmill Workers, 299 Or 525, 704 P2d 104 (1985)

Defendants’ claim for attorney fees is not limited to amount of bond re­quired by statute. Louisiana-Pacific v. Lumber and Sawmill Workers, 299 Or 525, 704 P2d 104 (1985)

Notes of Decisions

Clear proof of participa­tion, authoriza­tion or ratifica­tion with knowledge by union or its of­fi­cers or members sought to be enjoined is prerequisite to their being enjoined against con­duct involving unlawful acts of others. Louisiana-Pacific v. Lumber and Sawmill Workers, 296 Or 537, 679 P2d 289 (1984)

1 Legislative Counsel Committee, CHAPTER 662—Labor Disputes, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors662.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 662, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano662.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.