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2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 034 - Writs
Section 34.040 - When allowed.
Universal Citation:
OR Rev Stat § 34.040 (2021)
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on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
(1) The writ shall be allowed in all cases in which a substantial interest of a plaintiff has been injured and an inferior court including an officer or tribunal other than an agency as defined in ORS 183.310 (1) in the exercise of judicial or quasi-judicial functions appears to have:
(a) Exceeded its jurisdiction;
(b) Failed to follow the procedure applicable to the matter before it;
(c) Made a finding or order not supported by substantial evidence in the whole record;
(d) Improperly construed the applicable law; or
(e) Rendered a decision that is unconstitutional.
(2) The fact that the right of appeal exists is no bar to the issuance of the writ. [Amended by 1965 c.292 §1; 1973 c.561 §1; 1979 c.772 §13; 1995 c.79 §12; 1995 c.658 §29]
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