Opinion
86-AB-869-A, 86-AB-869; CA A41934
Motion for award of costs filed August 10, 1987
Motion for costs denied November 18, 1987
Judicial Review from Employment Appeals Board.
David C. Force, Eugene, for motion.
Before Young, Presiding Judge, and Warren and Deits, Judges.
PER CURIAM
Motion for costs denied.
Although respondent Smith prevailed at all levels in this case, costs may not be awarded against the Employment Division, because the Division did not take a position that was adverse to him. Hoard v. Employment Division, 82 Or. App. 718, 729 P.2d 593 (1986). Neither may costs be awarded against petitioner, a private party. Shetterly, Irick Shetterly v. Emp. Div., 302 Or. 139, 727 P.2d 117 (1986).
Motion for costs denied.