2007 ORS 34.100¹
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

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 (Who may obtain review) in exercise of its authority under ORS 341.290 (General powers). 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 (When allowed) 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)

1 Legislative Counsel Committee, CHAPTER 34—Writs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­034.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 34, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­034ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.