Writs

ORS 34.100
Power of court on review

  • appeal


Upon the review, the court shall have power to affirm, modify, reverse or annul the decision or determination reviewed, and if necessary, to award restitution to the plaintiff, or to direct the inferior court, officer, or tribunal to proceed in the matter reviewed according to its decision. From the judgment of the circuit court on review, an appeal may be taken in like manner and with like effect as from a judgment of a circuit court in an action. [Amended by 1973 c.197 §2; 1981 c.178 §2]

Notes of Decisions

When an administrative tribunal properly exercises its jurisdiction and employes correct procedure in arriving at its factual determinations, court is not empowered, under a writ of review, to set aside those determinations if there is any evidence within the record to support the decisions. Stueve v. Everett, 11 Or App 18, 500 P2d 491 (1972), Sup Ct review denied

Plaintiff must show more than reversible decision before this section authorizes restitution award to plaintiff. State ex rel Parmenter v. Wallowa County Court, 114 Or App 362, 835 P2d 152 (1992), Sup Ct review denied

Reviewing court may remand matter to inferior court, officer or tribunal and direct inferior body to proceed according to reviewing court's decision. Home Builders Assn. of Metropolitan Portland v. City of West Linn, 204 Or App 655, 131 P3d 805 (2006), 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