ORS 34.040: When allowed.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The writ shall be allowed in all cases in which a substantial interest of a plaintiff has been injured and an inferior court including an officer or tribunal other than an agency as defined in ORS 183.310 (1) in the exercise of judicial or quasi-judicial functions appears to have: (a) Exceeded its jurisdiction; (b) Failed to follow the procedure applicable to the matter before it; (c) Made a finding or order not supported by substantial evidence in the whole record; (d) Improperly construed the applicable law; or (e) Rendered a decision that is unconstitutional. (2) The fact that the right of appeal exists is no bar to the issuance of the writ. [Amended by 1965 c.292 §1; 1973 c.561 §1; 1979 c.772 §13; 1995 c.79 §12; 1995 c.658 §29]
This rule cites
- ORS 183.310 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors034.html