Agency may be compelled to act
Source:
Section 183.490 — Agency may be compelled to act, https://www.oregonlegislature.gov/bills_laws/ors/ors183.html.
Notes of Decisions
The circuit court has jurisdiction in cases involving unreasonable agency delay, but the circuit court’s order in such a case must be limited to ordering the agency to proceed with greater alacrity. Bay River v. Environmental Quality Comm., 26 Or App 717, 554 P2d 620 (1976), Sup Ct review denied
Where students at college administered by Oregon State Board of Higher Education sought review of course grades through college grievance procedures, judicial review was properly under this section and not under declaratory judgment provisions of ORS chapter 28. McBeth v. Elliott, 42 Or App 783, 601 P2d 871 (1979)
Petitioners were precluded from obtaining mandamus because they had remedy under APA even if they did not prevail in their attempt to obtain it. Mongelli v. Oregon Life and Health Guaranty, 85 Or App 518, 737 P2d 633 (1987); Scovell v. Goldschmidt, 106 Or App 111, 806 P2d 181 (1991), Sup Ct review denied
Availability of court order to compel agency action does not extend to provide remedy in situations where petitioner seeks order compelling agency to change action agency has taken. Mendieta v. Division of State Lands, 148 Or App 586, 941 P2d 582 (1997)
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