Who may obtain review
- intermediate orders reviewable
Source:
Section 34.020 — Who may obtain review; intermediate orders reviewable, https://www.oregonlegislature.gov/bills_laws/ors/ors034.html.
Notes of Decisions
District court is “inferior court” within meaning of this section, and writ of review is available to review its decisions. Hoffman v. French, 287 Or 323, 599 P2d 452 (1979)
School board’s nonrenewal of probationary teacher under ORS 342.835 was proceeding in which board was required to make “decision or determination” within meaning of this section. Henthorn v. Grand Prairie School Dist., 287 Or 683, 601 P2d 1243 (1979)
Denial of claim for tax refund by board of county commissioners was “process or proceeding” under this section and was reviewable under writ of review. Rosboro Lumber Co. v. Heine, 289 Or 909, 618 P2d 960 (1980)
Where rights and responsibilities of management employe at community college were controlled by terms of his contract and college’s Administrative Policy Handbook, decision to terminate employe by district board was “decision or determination” within meaning of this section. Cole v. Chemeketa Comm. College, 58 Or App 77, 647 P2d 935 (1982), Sup Ct review denied
Circuit court lacked jurisdiction over writ of review under this section because local government’s decisions that plaintiff failed to establish nonconforming use and vested right to nonconforming use were “land use decisions,” reviewable exclusively by the Land Use Board of Appeals. Turner v. Lane County, 63 Or App 611, 665 P2d 370 (1983)
When defendant city had adopted resolution providing that three percent “shall be computed on and added to the cumulative assessable costs of construction, engineering, advertising and warrant interest to arrive at a total assessable amount,” ordinance did nothing that directly affected plaintiff; only subsequent assessment ordinances directly affected plaintiff, and those could be attacked by writ of review. Diversified Properties, Inc. v. City of Springfield, 86 Or App 325, 738 P2d 1010 (1987), Sup Ct review denied
Mayor’s imposition of sanction on police officer for violating police bureau order was quasi-judicial act, and trial court had writ of review jurisdiction. Koch v. City of Portland, 306 Or 444, 760 P2d 252 (1988)
Under this section writ of review is exclusive method of seeking judicial review of police chief’s order which terminated employment of two police officers. Decker v. Clark, 95 Or App 320, 769 P2d 228 (1989), Sup Ct review denied
Where action seeks to enforce rights arising from terms of contract rather than from extra-contractual source, action may be brought in contract even though remedy might otherwise be available through writ of review. Cloyd v. Lebanon School District 16C, 161 Or App 572, 985 P2d 232 (1999)
Plaintiff’s pursuit of contractually conferred administrative remedy does not prevent plaintiff from subsequently bringing suit based on contract rather than pursuing writ of review. Gibson v. Douglas County, 197 Or App 204, 106 P3d 151 (2005)
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