Oregon Administrative Rules › Chapter 661 - LAND USE BOARD OF APPEALS › Division 10 - RULES OF PROCEDURE FOR APPEALS › Section 661-010-0075 - Miscellaneous Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Cost Bill and Attorney Fees:
(a) Time for
			 Filing: The prevailing party may file a cost bill or a motion for attorney
			 fees, or both, no later than 14 days after the final order is issued. The
			 prevailing party shall serve a copy of any such cost bill or motion for
			 attorney fees on all parties.
(b)
			 Recoverable Costs: Costs may be recovered only for the items set forth in this
			 subsection.
(A) If the petitioner is the
			 prevailing party, the petitioner may be awarded the cost of the filing
			 fee.
(B) If the governing body is
			 the prevailing party, the governing body may be awarded copying costs for the
			 required number of copies of the record, at 25 cents per page, whether or not
			 the governing body actively participated in the review.
(C) Costs awarded to the governing body
			 pursuant to this section shall be paid by the petitioner(s) to the governing
			 body and shall not exceed $200.
(D)
			 If an intervenor under OAR 661-010-0050  or a state agency under OAR
			 661-010-0038  is the prevailing party, the intervenor or state agency may be
			 awarded the cost of the fee to intervene or to file a state agency
			 brief.
(c) Forfeit of
			 Filing Fee: If a record has been filed and a petition for review is not filed
			 within the time required by these rules, and the governing body files a cost
			 bill pursuant to this section requesting forfeiture of the filing fee, then the
			 filing fee required by OAR 661-010-0015(4)  shall be forfeited to the governing
			 body. In addition, if the governing body files a cost bill pursuant to this
			 section, the Board shall award the governing body up to $200, payable from
			 petitioner(s) to the governing body, as cost of preparation of the record. See
			 OAR 661-010-0030(1).
(d) Attorney
			 Fees:
(A) 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.
(B) 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).
(C) 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. Objections to the cost
			 bill shall be filed with the Board within 14 days after the date of service of
			 the cost bill.
(f) If a cost bill,
			 a motion for attorney fees, or both are filed, and the Board's decision is
			 appealed to the Court of Appeals, the Board shall act on the cost bill or
			 motion for attorney fees after an appellate judgment is issued and any further
			 Board proceedings necessitated by that judgment are concluded.