Stelljes v. State Bd. of Parole

The issue in these consolidated cases is whether petitioners were prevailing parties in the Court of Appeals and, thus, entitled to recover prevailing party fees under ORS 20.190. 1 The Court of Appeals denied their claims. We affirm.

Petitioners are in the Oregon State Penitentiary. Each was the subject of a Board of Parole (Board) order setting his initial release date. In petitions to the Court of Appeals for judicial review, each challenged his release date. ORS 144.335(1). 2 Before the Court of Appeals made any decision on the merits, the Board withdrew both orders and then issued new…