Oregon Statutes 198.785 – Proceeding to contest validity of formation or change of organization
(1) If the county clerk refuses to accept and file a petition for formation or for change of organization, or if the county board refuses to call a special election as provided by ORS § 198.705 to 198.955, any citizen of the affected district or territory may apply within 10 days after such refusal to the circuit court of the principal county for a writ of mandamus to compel the county board or county clerk to do so. If it is decided by the circuit court that the petition for formation or change of organization is legally sufficient and the requisite number of signatures is attached, the circuit court shall direct the county board to call the election. The suit shall be advanced on the docket and decided by the circuit court as quickly as possible. Either party may appeal as provided for appeals in other proceedings.
Terms Used In Oregon Statutes 198.785
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- district: means any one of the following:
(1) A people's utility district organized under ORS Chapter 261. See Oregon Statutes 198.010
- Docket: A log containing brief entries of court proceedings.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) An action to determine the validity of a formation or change of organization proceeding may also be brought pursuant to ORS § 33.710 and 33.720 or 34.010 to 34.100.
(3) For the purpose of an action to determine or contest the validity of a formation or change of organization, the formation or change shall be considered complete and final upon the date the order of formation or the order, resolution or statement announcing a change of organization is filed with the county clerk as provided by ORS § 198.780. [1971 c.727 § 22; 1979 c.562 § 7; 1979 c.772 § 15a]