Special Districts Generally

ORS 198.785
Proceeding to contest validity of formation or change of organization

(1)

If the county clerk refuses to accept and file a petition for formation or for change of organization, or if the county board refuses to call a special election as provided by ORS 198.705 (Definitions for ORS 198) to 198.955 (Disposition of assets), any citizen of the affected district or territory may apply within 10 days after such refusal to the circuit court of the principal county for a writ of mandamus to compel the county board or county clerk to do so. If it is decided by the circuit court that the petition for formation or change of organization is legally sufficient and the requisite number of signatures is attached, the circuit court shall direct the county board to call the election. The suit shall be advanced on the docket and decided by the circuit court as quickly as possible. Either party may appeal as provided for appeals in other proceedings.

(2)

An action to determine the validity of a formation or change of organization proceeding may also be brought pursuant to ORS 33.710 (Definitions) and 33.720 (Proceeding in rem) or 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review).

(3)

For the purpose of an action to determine or contest the validity of a formation or change of organization, the formation or change shall be considered complete and final upon the date the order of formation or the order, resolution or statement announcing a change of organization is filed with the county clerk as provided by ORS 198.780 (Filing of duplicates of certain documents). [1971 c.727 §22; 1979 c.562 §7; 1979 c.772 §15a]

Notes of Decisions

Formation of airport district through quasi-judicial act may be challenged only by writ of review. State ex rel City of Powers v. Coos County Airport District, 201 Or App 222, 119 P3d 225 (2005), Sup Ct review denied

Source

Last accessed
May 30, 2023

REMOVE ADS