661-010-0075 Attorney Fees (1) Attorney Fees: (a) Time for Filing: The prevailing party may file a motion for attorney fees no later than 14 days after the final order is issued. The prevailing party shall serve a copy of any such motion for attorney fees on all parties. (b) Attorney fees shall be awarded by the Board to the prevailing party as specified in ORS 197.830(15)(b) and (c); a motion for attorney fees shall include a signed and detailed statement of the amount of attorney fees sought. (c) Attorney fees shall be awarded to the applicant, against the governing body, if the Board reverses a land use decision or limited land use decision and orders a local government to approve a development application pursuant to ORS 197.835(10). (d) Attorney fees shall be awarded to the applicant, against the person who requested a stay pursuant to ORS 197.845, if the Board affirms a quasi-judicial land use decision or limited land use decision for which such a stay was granted. The amount of the award shall be limited to reasonable attorney’s fees incurred due to the stay request, and together with any actual damages awarded, shall not exceed the amount of the undertaking required under 197.845(2). (e) Responses and Objections: Any response to a motion for attorney fees, together with any objections to the detailed statement of the amount of attorney fees sought, shall be filed with the Board within 14 days after the date of service of the motion. (2) If a motion for attorney fees is filed, and the Board’s decision is appealed to the Court of Appeals, the Board shall act on the motion for attorney fees after an appellate judgment is issued and any further Board proceedings necessitated by that judgment are concluded. Statutory/Other Authority: ORS 197.820(4)(a) & ORS 197.820(4)(b) Statutes/Other Implemented: ORS 197.830(13)(a), ORS 197.835(10), ORS 197.845(3) & ORS 197.843 History: LUBA 2-2025, amend filed 12/10/2025, effective 01/01/2026 LUBA 1-2025, amend filed 01/07/2025, effective 01/15/2025 LUBA 2-2024, amend filed 10/25/2024, effective 11/01/2024 LUBA 3-2022, amend filed 07/20/2022, effective 08/01/2022 LUBA 2-2022, temporary amend filed 01/26/2022, effective 02/01/2022 through 07/30/2022 LUBA 1-2022, temporary amend filed 01/25/2022, effective 02/01/2022 through 07/30/2022 LUBA 1-2021, amend filed 06/29/2021, effective 07/01/2021 LUBA 1-2020, temporary amend filed 08/31/2020, effective 09/14/2020 through 03/12/2021 LUBA 1-2019, amend filed 12/24/2019, effective 01/01/2020 LUBA 1-2018, amend filed 12/28/2018, effective 01/01/2019 LUBA 1-2016, f. 12-22-16, cert. ef. 1-1-17 LUBA 3-2013, f. 12-12-13, cert. ef. 1-1-14 LUBA 2-2013(Temp), f. 10-28-13, cert. ef. 10-29-13 thru 4-27-14 LUBA 1-2013(Temp), f. 4-30-13, cert. ef. 5-1-13 thru 10-28-13 LUBA 1-2010, f. 6-30-10, cert. ef. 7-1-10 LUBA 1-2001, f. 10-15-01, cert. ef. 1-1-02 LUBA 3-1998, f. 12-1-98, cert. ef. 12-13-98 LUBA 2-1998(Temp), f. & cert. ef. 6-15-98 thru 12-12-98 LUBA 1-1998, f. 2-12-98, cert. ef. 3-1-98 LUBA 1-1994, f. & cert. ef. 6-22-94 LUBA 2-1992, f. & cert. ef. 3-19-92 LUBA 1-1992, f. & cert. ef. 1-21-92 LUBA 1-1989, f. & cert. ef. 11-30-89 LUBA 1-1987, f. & ef. 12-30-87 LUBA 1-1983, f. & ef. 10-3-83 Reverted to LUBA 2-1980, f. & ef. 4-29-80 LUBA 1-1982(Temp), f. & ef. 5-19-82 Reverted to LUBA 2-1980, f. & ef. 4-29-80 LUBA 2-1981(Temp), f. & ef. 8-20-81 LUBA 2-1980, f. & ef. 4-29-80 LUBA 1-1979(Temp), f. & ef. 11-1-79