Miller v. City of Dayton

The City of Dayton petitions for attorney fees in this case in which it prevailed against petitioner before both LUBA and this court. Miller v. City of Dayton, 113 Or App 300, 833 P2d 299 (1992). In addition to seeking attorney fees for services in this court, the city also asks us to award attorney fees and certain costs that it had moved LUBA to allow and on which LUBA has not yet ruled.1

The city relies, without elaboration, “on ORS 197.830 and 197.850.” ORS 197.830(15) provides:

“(a) Upon entry of its final order [LUBA] may, in its discretion, award costs to the prevailing party including…