Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 183.497

Awarding costs and attorney fees when finding for petitioner

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      183.497 Awarding costs and attorney fees when finding for petitioner. (1) In a judicial proceeding designated under subsection (2) of this section the court:

      (a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.

      (b) Shall allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner and determines that the state agency acted without a reasonable basis in fact or in law; but the court may withhold all or part of the attorney fees from any allowance to a petitioner if the court finds that the state agency has proved that its action was substantially justified or that special circumstances exist that make the allowance of all or part of the attorney fees unjust.

      (2) The provisions of subsection (1) of this section apply to an administrative or judicial proceeding brought by a petitioner against a state agency, as defined in ORS 291.002, for:

      (a) Judicial review of a final order as provided in ORS 183.480 to 183.484;

      (b) Judicial review of a declaratory ruling provided in ORS 183.410; or

      (c) A judicial determination of the validity of a rule as provided in ORS 183.400.

      (3) Amounts allowed under this section for reasonable attorney fees and costs shall be paid from funds available to the state agency whose final order, declaratory ruling or rule was reviewed by the court. [1981 c.871 §1; 1985 c.757 §5]

 

      Note: 183.497 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Appeals From Circuit Courts)

Notes of Decisions
Cited in 74 cases (6 in the last 5 years), 1982–2026 · leading case: Kaib's Roving R.Ph. Agency, Inc. v. Employment Department
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Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2003) orctapp · cites it 43× “497, which provides, in part: *331 "(1) In a judicial proceeding designated under subsection (2) of this section the court: "(a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.”
Friends of Columbia Gorge v. Energy Fac. Siting Coun. (2020) or · cites it 16× “64 in attorney fees under ORS 183.497. The council asks the court to award no fees.”
McKean-Coffman v. Employment Division (1992) or · cites it 13× “Petitioner then sought an award of attorney fees pursuant to ORS 183.497(1), discussed post. This court first denied an award of fees without opinion; petitioner now seeks reconsideration of that decision.”
Johnson v. Employment Division (1983) orctapp · cites it 13× “Employment Division, 56 Or App 454 , 642 P2d 329 (1982), seeks an award of an attorney fee pursuant to ORS 183.497, which mandates such an award under certain circumstances.”
Powell v. Bunn (2005) orctapp · cites it 16× “The trial court relied on both ORS 183.497 and ORS 20.107 to support its award against the department and on ORS 20.”
1000 Friends v. Land Conservation & Development Commission (1988) or · cites it 8× “In its petition 1000 Friends assumes without showing that ORS 183.497 applies to proceedings involving LCDC.”
Kasliner v. Dept. of Human Services (2024) orctapp · cites it 9× “20 In its third assignment of error, DHS argues that the circuit court erred in awarding petitioner approximately $19,000 in attorney fees. DHS does not challenge the amount of the fees that the court awarded.”
Compton v. Weyerhaeuser Co. (1986) or · cites it 10× “In Shetterly this court held that neither ORS 183.497, a provision of the APA, nor ORS 20.”
Kusyk v. Water Resources Department (2000) orctapp · cites it 14× “The Water Resources Department (department) appeals a judgment awarding attorney fees to petitioners under ORS 183.497. Petitioners requested review of the department’s order in other than a contested case.”
G.A.S.P. v. Environmental Quality Commission (2008) orctapp · cites it 41× “Specifically, respondents challenge the award of fees on the alternative grounds that the circuit court did not find “in favor of’ petitioners, ORS 183.497, that an award of fees is not mandatory, ORS 183.”
Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2005) or · cites it 32× “Having obtained what it considered to be a ruling in its favor in Kaib’s II, petitioner then requested the Court of Appeals to award attorney fees and costs under ORS 183.497. As noted, a divided Court of Appeals denied that request, and we allowed both parties’ petitions for…”
Necanicum Investment Co. v. Employment Department (2008) or · cites it 9× “Petitioner now seeks a discretionary attorney fee award under ORS 183.497, which provides, in part: “(1) In a judicial proceeding * * * [like the judicial review proceeding involved here] the court: “(a) May, in its discretion, allow a petitioner reasonable attorney fees and…”
Show all 74 citing cases →
— Or. Rev. Stat. § 183.497(1) — 21 cases
Friends of Columbia Gorge v. Energy Fac. Siting Coun. (2020) or “64 in attorney fees under ORS 183.497. The council asks the court to award no fees.”
McKean-Coffman v. Employment Division (1992) or “Petitioner then sought an award of attorney fees pursuant to ORS 183.497(1), discussed post. This court first denied an award of fees without opinion; petitioner now seeks reconsideration of that decision.”
Powell v. Bunn (2005) orctapp “The trial court relied on both ORS 183.497 and ORS 20.107 to support its award against the department and on ORS 20.”
Necanicum Investment Co. v. Employment Department (2008) or “Petitioner now seeks a discretionary attorney fee award under ORS 183.497, which provides, in part: “(1) In a judicial proceeding * * * [like the judicial review proceeding involved here] the court: “(a) May, in its discretion, allow a petitioner reasonable attorney fees and…”
Leo v. Keisling (1999) or
— Or. Rev. Stat. § 183.497(1)(6) — 2 cases
McKean-Coffman v. Employment Division (1992) or “Petitioner then sought an award of attorney fees pursuant to ORS 183.497(1), discussed post. This court first denied an award of fees without opinion; petitioner now seeks reconsideration of that decision.”
Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2005) or “Having obtained what it considered to be a ruling in its favor in Kaib’s II, petitioner then requested the Court of Appeals to award attorney fees and costs under ORS 183.497. As noted, a divided Court of Appeals denied that request, and we allowed both parties’ petitions for…”
— Or. Rev. Stat. § 183.497(1)(a) — 15 cases
Kasliner v. Dept. of Human Services (2024) orctapp “20 In its third assignment of error, DHS argues that the circuit court erred in awarding petitioner approximately $19,000 in attorney fees. DHS does not challenge the amount of the fees that the court awarded.”
Friends of Columbia Gorge v. Energy Fac. Siting Coun. (2020) or “64 in attorney fees under ORS 183.497. The council asks the court to award no fees.”
Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2003) orctapp “497, which provides, in part: *331 "(1) In a judicial proceeding designated under subsection (2) of this section the court: "(a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.”
G.A.S.P. v. Environmental Quality Commission (2008) orctapp “Specifically, respondents challenge the award of fees on the alternative grounds that the circuit court did not find “in favor of’ petitioners, ORS 183.497, that an award of fees is not mandatory, ORS 183.”
Powell v. Bunn (2005) orctapp “The trial court relied on both ORS 183.497 and ORS 20.107 to support its award against the department and on ORS 20.”
— Or. Rev. Stat. § 183.497(1)(b) — 12 cases
Friends of Columbia Gorge v. Energy Fac. Siting Coun. (2020) or “64 in attorney fees under ORS 183.497. The council asks the court to award no fees.”
Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2003) orctapp “497, which provides, in part: *331 "(1) In a judicial proceeding designated under subsection (2) of this section the court: "(a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.”
Powell v. Bunn (2005) orctapp “The trial court relied on both ORS 183.497 and ORS 20.107 to support its award against the department and on ORS 20.”
Kasliner v. Dept. of Human Services (2024) orctapp “20 In its third assignment of error, DHS argues that the circuit court erred in awarding petitioner approximately $19,000 in attorney fees. DHS does not challenge the amount of the fees that the court awarded.”
Mattiza v. Foster (1990) or
— Or. Rev. Stat. § 183.497(2) — 8 cases
Compton v. Weyerhaeuser Co. (1986) or “In Shetterly this court held that neither ORS 183.497, a provision of the APA, nor ORS 20.”
Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2003) orctapp “497, which provides, in part: *331 "(1) In a judicial proceeding designated under subsection (2) of this section the court: "(a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.”
McKean-Coffman v. Employment Division (1992) or “Petitioner then sought an award of attorney fees pursuant to ORS 183.497(1), discussed post. This court first denied an award of fees without opinion; petitioner now seeks reconsideration of that decision.”
DeYoung v. Board of Parole & Post-Prison Supervision (2001) or
Leo v. Keisling (1999) or
— Or. Rev. Stat. § 183.497(2)(a) — 6 cases
McKean-Coffman v. Employment Division (1992) or “Petitioner then sought an award of attorney fees pursuant to ORS 183.497(1), discussed post. This court first denied an award of fees without opinion; petitioner now seeks reconsideration of that decision.”
Blackman v. Motor Vehicles Division (1988) orctapp
Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2005) or “Having obtained what it considered to be a ruling in its favor in Kaib’s II, petitioner then requested the Court of Appeals to award attorney fees and costs under ORS 183.497. As noted, a divided Court of Appeals denied that request, and we allowed both parties’ petitions for…”
G.A.S.P. v. Environmental Quality Commission (2008) orctapp “Specifically, respondents challenge the award of fees on the alternative grounds that the circuit court did not find “in favor of’ petitioners, ORS 183.497, that an award of fees is not mandatory, ORS 183.”
KAIB'S ROVING v. Employment Dept. (2005) or
— Or. Rev. Stat. § 183.497(2)(c) — 1 case
Alto v. State Ex Rel. State Fire Marshal (1993) orctapp
— Or. Rev. Stat. § 183.497(3) — 1 case
Johnson v. Employment Division (1983) orctapp “Employment Division, 56 Or App 454 , 642 P2d 329 (1982), seeks an award of an attorney fee pursuant to ORS 183.497, which mandates such an award under certain circumstances.”
— Or. Rev. Stat. § 183.497(f) — 1 case
State Accident Insurance Fund Corp. v. Harris (1984) orctapp
— Or. Rev. Stat. § 183.497(l)(a) — 11 cases
McKean-Coffman v. Employment Division (1992) or “Petitioner then sought an award of attorney fees pursuant to ORS 183.497(1), discussed post. This court first denied an award of fees without opinion; petitioner now seeks reconsideration of that decision.”
Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2003) orctapp “497, which provides, in part: *331 "(1) In a judicial proceeding designated under subsection (2) of this section the court: "(a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.”
Necanicum Investment Co. v. Employment Department (2008) or “Petitioner now seeks a discretionary attorney fee award under ORS 183.497, which provides, in part: “(1) In a judicial proceeding * * * [like the judicial review proceeding involved here] the court: “(a) May, in its discretion, allow a petitioner reasonable attorney fees and…”
1000 Friends v. Land Conservation & Development Commission (1988) or “In its petition 1000 Friends assumes without showing that ORS 183.497 applies to proceedings involving LCDC.”
Samuel v. Frohnmayer (1989) or
— Or. Rev. Stat. § 183.497(l)(b) — 10 cases
Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2003) orctapp “497, which provides, in part: *331 "(1) In a judicial proceeding designated under subsection (2) of this section the court: "(a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.”
McKean-Coffman v. Employment Division (1992) or “Petitioner then sought an award of attorney fees pursuant to ORS 183.497(1), discussed post. This court first denied an award of fees without opinion; petitioner now seeks reconsideration of that decision.”
1000 Friends v. Land Conservation & Development Commission (1988) or “In its petition 1000 Friends assumes without showing that ORS 183.497 applies to proceedings involving LCDC.”
Kaib's Roving R.Ph. Agency, Inc. v. Employment Department (2005) or “Having obtained what it considered to be a ruling in its favor in Kaib’s II, petitioner then requested the Court of Appeals to award attorney fees and costs under ORS 183.497. As noted, a divided Court of Appeals denied that request, and we allowed both parties’ petitions for…”
Lewis v. Beyer (2010) orctapp
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