Brown v. ADULT & FAMILY SERVICES

Petitioner, the prevailing party in Brown v. Adult and Family Services, 48 Or App 232, 616 P2d 580 (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.”

This is not a case in which the administrative agency out of whose funds an award would be drawn has functioned as a disinterested adjudicatory tribunal. Cf. Davidson…