ORS 197.843 Attorney fees for development of housing

The Land Use Board of Appeals shall award attorney fees to:

An applicant whose application is only for the development of affordable housing, if the board reverses a quasi-judicial land use decision denying the application;

An applicant whose application is only for the development of housing and was approved by the local government, if the board affirms the decision; and

The local government that approved a quasi-judicial land use decision described in paragraph (b) of this subsection.

For housing other than affordable housing, the attorney fees specified in subsection (1)(b) and (c) of this section apply only within urban growth boundaries.

A party who was awarded attorney fees under this section or ORS 197.850 shall repay the fees plus any interest from the time of the judgment if the property upon which the fees are based is developed for a use other than the proposed housing.

As used in this section:

“Affordable housing” means affordable housing, as defined in ORS 197A.445, or publicly supported housing, as defined in ORS 456.766.

“Attorney fees” includes prelitigation legal expenses, including preparing and processing the application and supporting the application in local land use hearings or proceedings.