Stewart v. City of Salem

Petitioner seeks judicial review of a Land Use Board of Appeals (“LUBA” or “the board”) order denying him an award of attorney fees after he obtained a favorable decision against the City of Salem on his underlying application to partition his property. Petitioner acted pro se at all relevant times during the proceedings before the board, although he received advice and assistance from an attorney, Hoelscher. Petitioner argues that he is entitled to attorney fees under ORS 197.835(10)(b), which requires the board to “award attorney fees” to a land use applicant where the board reverses a…