White v. Employment Division

2 Citing cases

  1. White v. Employment Division

    77 Or. App. 35 (Or. Ct. App. 1985)   Cited 5 times
    In White v. Employment Div., 77 Or. App. 35, 711 P.2d 196 (1985), a case decided after Johnson, we considered the mandatory and discretionary provisions separately.

    84-AB-35; CA A31044On petitioner's motion for recall and reconsideration of final attorney fees order filed February 26, former opinion filed February 6 ( 72 Or. App. 163, 694 P.2d 1009); reconsideration allowed, judgment modified to award attorney fees of $1,845 to petitioner, payable by Employment Division December 18, 1985 Judicial Review from Employment Appeals Board.

  2. Hoard v. Employment Division

    729 P.2d 593 (Or. Ct. App. 1986)   Cited 2 times

    Because that was neither our intent in Johnson, nor the legislature's intent in enacting former ORS 183.497, we overrule Gates and Edwards. What we meant in Johnson is that a judicial review proceeding is "against a state agency" if the agency was the "real protagonist," either below or on review. White was decided correctly because, even though Division waived appearance in this court, see White v. Employment Division, 72 Or. App. 163, 694 P.2d 1009 (1985), Division's representative took a position before the referee that was both adverse to the petitioner and without a reasonable basis in law or in fact. We turn to the facts of this case.