ORS 34.020
Who may obtain review

  • intermediate orders reviewable

Except for a proceeding resulting in a land use decision or limited land use decision as defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325), for which review is provided in ORS 197.830 (Review procedures) to 197.845 (Stay of decision being reviewed), or an expedited land division as described in ORS 197.360 (“Expedited land division” defined), for which review is provided in ORS 197.375 (Appeal of local government to referee) (8), any party to any process or proceeding before or by any inferior court, officer, or tribunal may have the decision or determination thereof reviewed for errors, as provided in ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review), and not otherwise. Upon a review, the court may review any intermediate order involving the merits and necessarily affecting the decision or determination sought to be reviewed. [Amended by 1979 c.772 §8; 1981 c.748 §38; 1983 c.827 §42; 1991 c.817 §18; 1995 c.595 §21]

Source: Section 34.020 — Who may obtain review; intermediate orders reviewable, https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html.

Notes of Decisions

District court is “inferior court” within meaning of this section, and writ of review is available to review its decisions. Hoffman v. French, 287 Or 323, 599 P2d 452 (1979)

School board’s nonrenewal of probationary teacher under ORS 342.835 was proceeding in which board was required to make “decision or determination” within meaning of this section. Henthorn v. Grand Prairie School Dist., 287 Or 683, 601 P2d 1243 (1979)

Denial of claim for tax refund by board of county commissioners was “process or proceeding” under this section and was reviewable under writ of review. Rosboro Lumber Co. v. Heine, 289 Or 909, 618 P2d 960 (1980)

Where rights and responsibilities of management employe at community college were controlled by terms of his contract and college’s Administrative Policy Handbook, decision to terminate employe by district board was “decision or determination” within meaning of this section. Cole v. Chemeketa Comm. College, 58 Or App 77, 647 P2d 935 (1982), Sup Ct review denied

Circuit court lacked jurisdiction over writ of review under this section because local government’s decisions that plaintiff failed to establish nonconforming use and vested right to nonconforming use were “land use decisions,” reviewable exclusively by the Land Use Board of Appeals. Turner v. Lane County, 63 Or App 611, 665 P2d 370 (1983)

When defendant city had adopted resolution providing that three percent “shall be computed on and added to the cumulative assessable costs of construction, engineering, advertising and warrant interest to arrive at a total assessable amount,” ordinance did nothing that directly affected plaintiff; only subsequent assessment ordinances directly affected plaintiff, and those could be attacked by writ of review. Diversified Properties, Inc. v. City of Springfield, 86 Or App 325, 738 P2d 1010 (1987), Sup Ct review denied

Mayor’s imposition of sanction on police officer for violating police bureau order was quasi-judicial act, and trial court had writ of review jurisdiction. Koch v. City of Portland, 306 Or 444, 760 P2d 252 (1988)

Under this section writ of review is exclusive method of seeking judicial review of police chief’s order which terminated employment of two police officers. Decker v. Clark, 95 Or App 320, 769 P2d 228 (1989), Sup Ct review denied

Where action seeks to enforce rights arising from terms of contract rather than from extra-contractual source, action may be brought in contract even though remedy might otherwise be available through writ of review. Cloyd v. Lebanon School District 16C, 161 Or App 572, 985 P2d 232 (1999)

Plaintiff’s pursuit of contractually conferred administrative remedy does not prevent plaintiff from subsequently bringing suit based on contract rather than pursuing writ of review. Gibson v. Douglas County, 197 Or App 204, 106 P3d 151 (2005)

34.010
Former writ of certiorari as writ of review
34.020
Who may obtain review
34.030
Jurisdiction to grant writ
34.040
When allowed
34.050
Plaintiff’s undertaking
34.060
To whom directed
34.070
Stay of proceedings
34.080
Issuance and service of writ
34.090
Order for further return
34.100
Power of court on review
34.102
Review of decisions of municipal corporations
34.105
Definitions for ORS 34.105 to 34.240
34.110
When and to whom writ issued
34.120
Courts having jurisdiction
34.130
Petition for writ
34.140
Direction and service of writ
34.150
Peremptory and alternative writs
34.160
Allowance of peremptory writ in first instance
34.170
Answer or motion to dismiss by defendant
34.180
Failure to answer or move for dismissal
34.190
Other pleadings
34.200
Allowance and trial in Supreme Court
34.210
Recovery of damages
34.220
Recovery as a bar
34.230
Imposition of fine
34.240
Appeal
34.250
Certain mandamus proceedings under Supreme Court’s original jurisdiction
34.310
Purpose of writ
34.320
Courts having jurisdiction
34.330
Who may not prosecute writ
34.340
Petition
34.350
Application by district attorney
34.355
Appointment of counsel
34.360
Contents of petition when person challenges authority for confinement
34.362
Contents of petition when person challenges conditions of confinement or deprivation of rights while confined
34.365
Filing petition of prisoner without payment of filing fees
34.370
Order to show cause
34.380
Warrant in lieu of writ
34.390
Order for arrest of person having custody
34.400
Execution of warrant
34.410
Criminal offense by person having custody
34.421
Contents of writ
34.430
Defect of form
34.440
Who may serve writ
34.450
Payment of charges when service is on person other than sheriff or other officer
34.460
Manner of service
34.470
Service when officer or other person hides or refuses admittance
34.480
Proof of service
34.490
Duty to obey writ
34.500
When return must be made
34.520
Sickness of person
34.530
Requiring return and production of party by order
34.540
Contents of return
34.550
Warrant in case of refusal or neglect to obey writ
34.560
Failure of sheriff to return writ
34.570
Precept commanding bringing of prisoner
34.580
Inquiry into cause of imprisonment
34.590
Discharge when no legal cause for restraint is shown
34.600
When party to be remanded
34.610
Grounds for discharge of prisoner in custody under order or civil process
34.620
Inquiry into legality of certain judgments and process not permitted
34.630
Proceedings where commitment for criminal offense is legal, or party probably is guilty
34.640
Custody of party pending proceedings
34.650
Notice to third persons
34.660
Notice to district attorney
34.670
Replication following return
34.680
Motion to deny petition
34.690
Requiring production of person after writ issued
34.695
Conduct of hearing
34.700
Judgment
34.710
Appeal
34.712
Summary affirmation of judgment on appeal
34.720
Imprisonment after discharge
34.730
Forfeiture for refusing copy of order or process
34.740
Amendment of petition or action against public body when wrong remedy sought
34.810
Scire facias and quo warranto
Green check means up to date. Up to date