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 198.705 to 198.955) 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]

Source: Section 198.785 — Proceeding to contest validity of formation or change of organization, https://www.­oregonlegislature.­gov/bills_laws/ors/ors198.­html.

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

198.010
“District” defined for chapter 198.115
Barring district employees from membership on governing board 198.180
“District” defined for ORS 198.190 198.190
Compensation and expenses of governing body members 198.210
“District” defined for ORS 198.220 198.220
Bond or letter of credit for member of district governing body 198.310
“District” defined for ORS 198.320 198.320
Filling of vacancies on governing bodies of certain districts 198.335
Definitions for ORS 198.335 to 198.365 198.340
Designation of registered office and agent 198.345
Effect of failure to file certain reports 198.350
Financial statement 198.355
Hearing on dissolution 198.360
Continuation or termination of district 198.365
County board as trustees for inactive district 198.410
Definition for ORS 198.425 and 198.430 198.425
Recall of district officers generally 198.430
Recall of officers of districts other than districts defined in ORS 255.012 198.440
Statement of justification from affected officer 198.510
Definitions for ORS 198.510 to 198.600 198.530
Procedure for adopting, amending or repealing ordinances or regulations 198.540
Notice prior to adoption of ordinance affecting regulation 198.550
Publication of ordinance 198.560
Filing of ordinance 198.570
When ordinances take effect 198.590
Petition to adopt, amend or repeal ordinance 198.600
Penalty for violation of regulations 198.605
Local service districts 198.608
Unfunded PERS liability or surplus upon split, consolidation or merger of districts 198.611
Power of district to contract for purchase or lease of real or personal property 198.705
Definitions for ORS 198.705 to 198.955 198.715
Short title 198.720
Boundaries 198.725
Procedure when two counties affected 198.727
Merger or consolidation 198.730
Notice 198.735
Right of interested person to appear 198.740
Election procedure governed by law under which district operates 198.745
Content of resolution calling election 198.747
Effective date of boundary change 198.748
Prospective petition for formation 198.749
Economic feasibility statement for district formation 198.750
Content of petition proposing formation or change of organization 198.755
Number of signatures required 198.760
Requirements for signers of petition 198.765
Requirements for filing petition 198.770
Method of determining validity of landowner signatures 198.775
Security deposit to accompany petition 198.780
Filing of duplicates of certain documents 198.782
Documents to be filed with Secretary of State before business transacted 198.785
Proceeding to contest validity of formation or change of organization 198.790
Rights of creditors after change of organization 198.792
District formation or annexation proceedings to relieve public health danger 198.793
Change of district name 198.794
Effect of district name change 198.795
Jurisdiction over district formation 198.800
Formation petition 198.805
Conduct of hearing 198.810
Order for formation 198.813
Formation of county service district for water management services in Washington County 198.815
Election on formation 198.820
Order by county board 198.825
Election of first members of board when no formation election required 198.830
Petition for formation by all landowners in proposed district 198.835
Order for formation of district in single county 198.840
Notice of hearing 198.845
Costs 198.850
Annexation petition or resolution 198.855
Annexation election 198.857
Annexation without election by petition of landowner 198.860
Effect of annexation order 198.866
Annexation of city to district 198.867
Approval of annexation to district by electors of city and district 198.869
Annexation contract 198.870
Petition for withdrawal of property from district 198.875
Election on withdrawal petition 198.880
Effect on withdrawn area 198.882
Tax relief to withdrawn area 198.885
Merger of districts 198.890
Consolidation of districts 198.895
Initiation of merger and consolidation 198.900
Content of petition for annexation, merger or consolidation 198.902
Application of district petition requirements to cities 198.903
Joint assembly of governing bodies of affected districts or cities 198.905
Certification of election results 198.910
Joint meeting of governing bodies of merged or consolidated districts and cities 198.912
Apportionment of board members for certain surviving or successor districts 198.915
Election of board members at regular district election 198.920
Dissolution procedure 198.925
Findings of fact by district board 198.927
Annexation of dissolved district 198.930
Plan for dissolution and liquidation 198.935
Election on dissolution 198.940
Dissolution without election 198.945
Trustees for dissolved district 198.950
Power of trustees to convey assets 198.955
Disposition of assets
Green check means up to date. Up to date

Current through early 2024

§ 198.785’s source at oregon​.gov