Oregon ex rel Portland Habilitation Center v. Portland St. Univ.
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The issue before the Supreme Court in this case was the purported conflict between two statutes relating to the issuance of a writ of mandamus: ORS 34.110, which precludes issuance of the writ if the relator has a plain, speedy, and adequate remedy in the ordinary course of law, and ORS 34.130(3), which states that a writ of mandamus "shall be allowed" by a court or judge on the petition for the writ. After plaintiff filed a petition for an alternative writ, the court declined to issue the writ and instead dismissed plaintiff's petition, relying on the existence of an adequate remedy at law. Plaintiff appealed to the Court of Appeals, which affirmed without opinion. Upon review of the circuit court record, the Supreme Court concluded that that the circuit court permissibly dismissed plaintiff's petition.
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