Oregon Revised Statutes

Or. Rev. Stat. § 182.090 (2026)

State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably

✓ current as of May 2026

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182.090 State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably. (1) In any civil judicial proceeding involving as adverse parties a state agency, as defined in ORS 291.002, and a petitioner, the court shall award the petitioner reasonable attorney fees and reasonable expenses if the court finds in favor of the petitioner and also finds that the state agency acted without a reasonable basis in fact or in law.

(2) Amounts allowed under this section for reasonable attorney fees and expenses shall be paid from funds available to the state agency. The court may withhold all or part of the attorney fees from any award to a petitioner if the court finds that the state agency has proved that its action was substantially justified or that special circumstances exist which make the award of all or a portion of the attorney fees unjust.

(3) As used in this section, “civil judicial proceeding” means any proceeding, other than a criminal proceeding as defined in ORS 131.005 (7), conducted before a court of this state. [1981 c.871 §2; 1983 c.763 §61]

Notes of Decisions

Cited in 24 cases, 1982–2015 · leading case: Samuel v. Frohnmayer, 779 P.2d 1028 (Or. 1989).

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Samuel v. Frohnmayer, 779 P.2d 1028 (Or. 1989). · cites it 9× “120 and ORS 182.090.” 95 Or App at 563-64 (footnotes and citations omitted).”

Armatta v. Kitzhaber, 959 P.2d 49 (Or. 1998). · cites it 4× “The court concluded that a specific statute, ORS 182.090, not a more general statute, ORS 28.”

Samuel v. Frohnmayer, 770 P.2d 914 (Or. Ct. App. 1989). · cites it 10× “120 and ORS 182.090. [5] In summary, we hold that an award of attorney fees may be "proper" when a declaratory judgment action seeks to compel a public official to do his or her duty.”

TVKO v. Howland, 73 P.3d 905 (Or. 2003). · cites it 3× “As the prevailing party, plaintiff moved for attorney fees and costs, relying on ORS 182.090 3 as well as on the *533 inherent equitable power of the Tax Court.”

DeYoung v. Bd. of Parole & Post-Prison Supervision, 27 P.3d 110 (Or. 2001). · cites it 4× “Moreover, and even if ORS 182.090(2) were relevant, the judicial reviews in this case are not reviews “in connection with” a “completed criminal action.”

Brown v. Adult & Fam. Servs., 643 P.2d 1266 (Or. 1982). · cites it 2× “[now ORS 182.090] (1) In any civil judicial proceeding involving as adverse parties a state agency as defined in ORS 291.”

Hawkins v. City of La Grande, 843 P.2d 400 (Or. 1992). “Frohnmayer, 308 Or 362, 369 , 779 P2d 1028 (1989) (“If recovery of attorney fees is to be based on ORS 182.090, some notice in the form of pleaded facts will be necessary before a court can consider awarding them.”

White v. Emp. Div., 711 P.2d 196 (Or. Ct. App. 1985). · cites it 3× “3 This court requested memoranda of law from the parties concerning the applicability of ORS 182.090 and Donnell v. Eastern Ore. State College, 64 Or App 271, 668 P2d 423 (1983).”

Tvko v. Howland, 15 Or. Tax 402 (Or. T.C. 2002). · cites it 8× “” ANALYSIS Agency Actions TVKO’s motion seeks an award of attorney fees on two grounds: (1) ORS 182.090 (1999) and (2) the court’s inherent equitable powers.”

Cascade Kelly Holdings, LLC v. Oregon Dep't of Energy, 365 P.3d 603 (Or. Ct. App. 2015). · cites it 21× “497 or ORS 182.090. The court dismissed petitioner’s alternate claim for a declaratory judgment as moot.”

SAIF Corp. v. Harris, 687 P.2d 1119 (Or. Ct. App. 1984). · cites it 3× “Our earlier award was based on ORS 182.090, which provides: “In any civil judicial proceeding involving as adverse parties a state agency as defined in ORS 291.”

Mkt. Transp., Ltd. v. Maudlin, 725 P.2d 914 (Or. 1986). “Plaintiff also challenges the Court of Appeals’ reversal of an award of attorney fees pursuant to ORS 182.090(1). We agree with the Court of Appeals that the application of the law to the facts in this case was not so clear that it can be said that the Commissioner’s order…”

Show all 24 citing cases →

— Or. Rev. Stat. § 182.090(1) — 9 cases

TVKO v. Howland, 73 P.3d 905 (Or. 2003). “As the prevailing party, plaintiff moved for attorney fees and costs, relying on ORS 182.090 3 as well as on the *533 inherent equitable power of the Tax Court.”

Samuel v. Frohnmayer, 779 P.2d 1028 (Or. 1989). “120 and ORS 182.090.” 95 Or App at 563-64 (footnotes and citations omitted).”

Simpson v. State, 764 P.2d 580 (Or. Ct. App. 1988).

Tvko v. Howland, 15 Or. Tax 402 (Or. T.C. 2002). “” ANALYSIS Agency Actions TVKO’s motion seeks an award of attorney fees on two grounds: (1) ORS 182.090 (1999) and (2) the court’s inherent equitable powers.”

— Or. Rev. Stat. § 182.090(2) — 1 case

DeYoung v. Bd. of Parole & Post-Prison Supervision, 27 P.3d 110 (Or. 2001). “Moreover, and even if ORS 182.090(2) were relevant, the judicial reviews in this case are not reviews “in connection with” a “completed criminal action.”

— Or. Rev. Stat. § 182.090(3) — 2 cases

Cascade Kelly Holdings, LLC v. Oregon Dep't of Energy, 365 P.3d 603 (Or. Ct. App. 2015). “497 or ORS 182.090. The court dismissed petitioner’s alternate claim for a declaratory judgment as moot.”

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