34.040 When allowed

133 words·~1 min read·/or/ors-chapter-34/writs/34-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

34.040 When allowed.

(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]