Windlinx Ranch Trust v. Deschutes County

Summary

The Oregon Court of Appeals awarded Hodge Kerr and Debora Kerr $30,970.50 in attorney fees for defending a LUBA decision on judicial review. The court held that Windlinx Ranch Trust pursued its judicial-review position without probable cause under ORS 197.830(15)(b), and that ORS 19.440 authorized an award of fees for the judicial-review proceeding. The court concluded that the requested fee amount was reasonable.

Holdings

1. ORS 197.830(15)(b), which authorizes fees in LUBA proceedings when a party presents a position without probable cause, applies to attorney fees incurred in judicial review proceedings through ORS 19.440.
2. Windlinx's position in the judicial review proceeding lacked probable cause because it challenged the application of a clearly established waiver rule in circumstances where no open issue or reasonable debate existed.
3. The court awarded the Kerrs the requested $30,970.50 in attorney fees for their work on judicial review.

Questions Presented

1. Whether ORS 197.830(15)(b), applied to judicial review through ORS 19.440, authorized an award of attorney fees to the prevailing respondents.
2. Whether Windlinx presented its position in the judicial review proceeding without probable cause to believe that the position was well-founded in law or fact.
3. Whether the Kerrs' requested attorney-fee amount of $30,970.50 was reasonable.

Disposition

other