Cascade Kelly Holdings, LLC v. Dept. of Energy

Plaintiff’s claims for final certification for energy tax credits was moot because the deadline to issue final certification passed while the case was on appeal, and attorney fees were improperly awarded to Plaintiff because ORS 182.090 applies only to attorney fees in civil proceedings brought outside of the APA to which an agency is a party.

Department appealed a trial court judgment and award of attorneys fees for the Plaintiffs. The Court held that Plaintiffs' claims challenging denial of a business energy tax credits were moot because of the sunset provisions enacted in 2012 (ORS 315.357(2)). The deadline for obtaining final certification was July 1, 2014, which passed while this case was on appeal. Therefore, the Court is unable to grant relief and Plaintiffs' claims are moot. The Court also addressed the trial court’s award of attorney fees to the Plaintiffs. The trial court awarded attorney fees under ORS 182.090. The Court held that the legislature intended ORS 182.090 to apply only to civil proceedings brought outside of the APA, and the trial court therefore erred in awarding attorney fees. Judgment vacated, attorney fee award reversed.