Deatherage v. Pernsteiner

Petitioner, a student at Portland State University, petitioned to be classified as an Oregon resident for tuition purposes. The State Board of Higher Education (board)— acting through the Chancellor of the Oregon University System — issued an order denying petitioner resident status. Petitioner sought judicial review of the chancellor’s order in circuit court. The circuit court reversed the chancellor’s order and remanded the matter to the board. Petitioner subsequently sought attorney fees, which the circuit court denied.

In this court, the board appeals the circuit court’s reversal of the…