Voelz Oil & Land Survey, Inc. v. Oregon State Fire Marshal

Respondent Oregon State Fire Marshal objects to petitioner’s Statement of Costs and Disbursements, arguing that petitioner is not entitled to a prevailing party fee under ORS 20.190(1). We overrule the objection and allow the claim for the prevailing party fee.

Petitioner, which operates a gasoline station, sought judicial review of an order of the Fire Marshal holding that petitioner violated a regulation requiring separate facilities for retail and wholesale operations. Petitioner filed a brief. The Fire Marshal then reevaluated its regulation, determined that separate facilities should not…