Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity. 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

(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]

Note: See note under 215.237.