Kusyk v. Water Resources Department

The Water Resources Department (department) appeals a judgment awarding attorney fees to petitioners under ORS 183.497. Petitioners requested review of the department’s order in other than a contested case. The trial court granted petitioners’ motion for summary judgment and remanded the matter to the department for a contested case hearing. The department first argues that the remand was not “in favor” of petitioners and second argues that the trial court erred in awarding attorney fees to petitioners under ORS 183.497(1)(a) or ORS 183.497(1)(b). While we disagree with the department’s first…