2017 ORS 34.010¹
Former writ of certiorari as writ of review

The writ heretofore known as the writ of certiorari is known in these statutes as the writ of review.

Notes of Decisions

Hearing require­ment of ORS 342.835 (Probationary teacher) imposes on district fair dismissal board duty to consider evidence offered to contest reasons for nonrenewal and to make determina­tion or decision within meaning of this sec­tion that can be reviewed under writ of review. Henthorn v. Grand Prairie School Dist., 287 Or 683, 601 P2d 1243 (1979)

Where school district was re­quired to complete cost analysis as prerequisite to pro­ceed­ing with procure­ment, but was not bound to reach decision, prepara­tion of cost-analysis was not quasi-judicial func­tion and ac­tions were not subject to writ of review under this sec­tion. Hicks v. Central Point School District, 270 Or App 532, 348 P3d 307 (2015), 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/­ors034.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 34, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano034.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.