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  5. 767 P.2d 899 (1989)
 

FORELAWS ON BD. v. ENERGY FAC. S. COUNCIL

CA A38901; SC S34727.

767 P.2d 899 (1989)

307 Or. 327

FORELAWS ON BOARD, Petitioner On Review, v. ENERGY FACILITY SITING COUNCIL, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided January 31, 1989.

Attorney(s) appearing for the Case

Linda K. Williams, Portland, argued the cause and filed the petition for fees and costs on behalf of the petitioner on review.

Christine Chute, Asst. Atty. Gen., Salem, argued the cause and filed the response on behalf of the respondent on review. With her on the response were David Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GILLETTE, Justice.

This case involves a petition for attorney fees filed in the Court of Appeals by Forelaws on Board ("Forelaws"), which previously had obtained a reversal of a declaratory ruling by the Energy Facility Siting Council (the Council). Forelaws relied on ORS 183.497(1), which provides:

"(1) In a judicial proceeding designated under subsection (2) of this section the court: "(a) May, in its discretion, allow a petitioner reasonable...

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