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Oregon Revised Statutes Remedies and Special Actions and Proceedings § 34.040

Current as of January 01, 2023 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Oregon Revised Statutes Remedies and Special Actions and Proceedings § 34.040 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-3-remedies-and-special-actions-and-proceedings/or-rev-st-sect-34-040/

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