Writs

ORS 34.010
Former writ of certiorari as writ of review


The writ heretofore known as the writ of certiorari is known in these statutes as the writ of review.

Notes of Decisions

Hearing requirement of ORS 342.835 imposes on district fair dismissal board duty to consider evidence offered to contest reasons for nonrenewal and to make determination or decision within meaning of this section that can be reviewed under writ of review. Henthorn v. Grand Prairie School Dist., 287 Or 683, 601 P2d 1243 (1979)

Where school district was required to complete cost analysis as prerequisite to proceeding with procurement, but was not bound to reach decision, preparation of cost-analysis was not quasi-judicial function and actions were not subject to writ of review under this section. Hicks v. Central Point School District, 270 Or App 532, 348 P3d 307 (2015), Sup Ct review denied

§§ 34.010 to 34.100

Notes of Decisions

The circuit court lacked jurisdiction to issue a writ of review concerning district court order denying defendant's motion for leave to withdraw his guilty plea in a criminal proceeding. Humphreys v. State of Oregon, 19 Or App 630, 528 P2d 1094 (1974)

Court may join two writs that arise out of same transaction. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Approval of tentative plan under subdivision ordinance is final order reviewable in writ of review proceeding. Bienz v. City of Dayton, 29 Or App 761, 566 P2d 904 (1977), Sup Ct review denied

Order which is not appealable is not subject to review by writ of review. Botteron v. Carter, 33 Or App 417, 576 P2d 828 (1978)

Where rights and responsibilities of management employe at community college were controlled by terms of his contract and college's Administrative Policy Handbook, remedy for termination was limited to writ of review, since district board's termination decision was "decision or determination" under ORS 34.020 in exercise of its authority under ORS 341.290. Cole v. Chemeketa Comm. College, 58 Or App 77, 647 P2d 935 (1982), Sup Ct review denied

In absence of statutory basis by which judge could compel nonparty to criminal case to grant access to nonparty's home to attorneys for criminal defendant, peremptory writ issued. State ex rel Beach v. Norblad, 308 Or 429, 781 P2d 349 (1989)

Availability of writ of review does not preclude action based on common law tort of wrongful discharge. Shockey v. City of Portland, 313 Or 414, 837 P2d 505 (1992)

Where petition for writ of review has been timely filed but petitioner has not taken additional steps necessary to obtain and serve writ, court retains jurisdiction but lacks authority to proceed further on petition. Spivak v. Marriott, 213 Or App 1, 159 P3d 1192 (2007)

Final Decision By Inferior Tribunal Precludes Related Claim If

1) claimant was party to tribunal proceeding that adjudicated effect of facts common to related claim; and 2) related claim would involve reviewing correctness of tribunal decision under ORS 34.040 standards. Spivak v. Marriott, 213 Or App 1, 159 P3d 1192 (2007)

Law Review Citations

10 WLJ 95, 96 (1973); 10 WLJ 359, 374-384 (1974); 54 OLR 396-401 (1975); 15 EL 243 (1985)


Source

Last accessed
Jun. 26, 2021