Davidson v. Employment Division

Petitioner, the prevailing party in Davidson v. Employment Division, 48 Or App 119, 616 P2d 540 (1980), has moved for an award of attorney fees under 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.”

In Wasco County v. AFSCME, 31 Or App 765, 767-68, 571 P2d 549 (1977), we declined to award attorney fees under the above statute because they would perforce be paid out…