Polizos v. Oregon Liquor Control Commission

Petitioner, the prevailing party in Polizos v. OLCC, 37 Or App 757, 588 P2d 681 (1978), has petitioned for an award of attorney fees from funds appropriated to the OLCC pursuant to 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.”

This statute gives us discretion, but no guidelines for the exercise of that discretion. It is therefore desirable that we state the…