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KUSYK v. WATER RESOURCES DEPT.

(CCV-96-1-443; CA A100946)

994 P.2d 798 (2000)

164 Or. App. 738

Peter KUSYK, Kurt Dalbey, John G. Eckmann, Randy Lovre, Barbara Lovre, Jack Harper, K. Thatcher Loen, Claudia Rohr and Beacon Homes, Inc., an Oregon corporation, Respondents, v. WATER RESOURCES DEPARTMENT FOR the STATE OF OREGON and Water Resources Commission for the State of Oregon, Appellants.

Court of Appeals of Oregon.

Decided January 5, 2000.

Attorney(s) appearing for the Case

John T. Bagg, Assistant Attorney General, argued the cause for appellants. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Laura A. Schroeder, Portland, argued the cause for respondents. With her on the brief was Schroeder Law Offices.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

WOLLHEIM, J.

The Water Resources Department (department) appeals a judgment awarding attorney fees to petitioners under ORS 183.497. Petitioners requested review of the department's order in other than a contested case. The trial court granted petitioners' motion for summary judgment and remanded the matter to the department for a contested case hearing. The department first argues that the remand was not "in favor" of petitioners...

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