ORS 34.160¹
Allowance of peremptory writ in first instance

When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus shall be allowed in the first instance; in all other cases, the alternative writ shall be first issued.

Notes of Decisions

Where intervenor and county put at issue propriety of issuing condi­tional use permit and county had not clearly withdrawn from litiga­tion, court erred in issuing peremptory writ without con­ducting hearing re­gard­ing pre­vi­ously issued alternative writ. Wallace v. Board of County Commissioners of Klamath County, 105 Or App 364, 804 P2d 1220 (1991)

1 Legislative Counsel Committee, CHAPTER 34—Writs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors034.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 34, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano034.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information