Brown v. Adult & Family Services

Following our decision in Brown v. Adult and Family Services, 293 Or 6, 643 P2d 1266 (1982), Davidson, one of the petitioners in that case, filed a petition for attorney fees, claiming under ORS 183.495, which provides:

“Upon judicial review of a final order of an agency when the reviewing court reverses or remands the order it may, in its discretion, award costs, including reasonable attorney fees, to the petitioner to be paid from funds appropriated to the agency.”

The respondent administrative agency in Davidson’s claim was the Employment Division. That division objected to the petition for…