Philomath Forest Products Co. v. Employment Division

Although respondent Smith prevailed at all levels in this case, costs may not be awarded against the Employment Division, because the Division did not take a position that was adverse to him. Hoard v. Employment Division, 82 Or App 718, 729 P2d 593 (1986). Neither may costs be awarded against petitioner, a private party. Shetterly, Irick & Shetterly v. Emp. Div., 302 Or 139, 727 P2d 117 (1986).

Motion for costs denied.