Issuance and service of writ
Source:
Section 34.080 — Issuance and service of writ, https://www.oregonlegislature.gov/bills_laws/ors/ors034.html.
Notes of Decisions
Failure to serve the opposite party is a jurisdictional defect. NW Environmental Defense Center v. The City Council for the City of Portland, 20 Or App 234, 531 P2d 284 (1975), Sup Ct review denied
A motion to quash does not deprive the court of its discretionary power to extend the time for return of a writ of review. NW Environmental Defense Center v. The City Council for the City of Portland, 20 Or App 234, 531 P2d 284 (1975), Sup Ct review denied
In writ of review proceeding involving land use decision, requirement of service on “opposite party” means service on the owner of the subject property. Shanks v. Washington County, 22 Or App 426, 539 P2d 1111 (1975)
Petitioners in a road vacation proceeding before board of county commissioners were opposite parties who had to be served in a writ of review action challenging a vacation order. Thompson v. Bd. of County Commrs. of Columbia County, 29 Or App 813, 564 P2d 1376 (1977), Sup Ct review denied
Where party appeared at hearings of zoning board of appeals and city council assessment panel in person and by an attorney, party was an “opposite party” under this section and failure to serve him in writ of review proceeding deprived trial court of jurisdiction. A & X, Inc. v. Common Council of City of Eugene, 41 Or App 171, 597 P2d 849 (1979), Sup Ct review denied
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