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Oregon Revised Statutes

Or. Rev. Stat. § 198.785 (2026)

Proceeding to contest validity of formation or change of organization

✓ current as of May 2026
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      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.

      (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]

Notes of Decisions
Cited in 2 cases, 2005–2018 · leading case: State Ex Rel. City of Powers v. Coos Cnty. Airport Dist., 119 P.3d 225 (Or. Ct. App. 2005).
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State Ex Rel. City of Powers v. Coos Cnty. Airport Dist., 119 P.3d 225 (Or. Ct. App. 2005). · cites it 132× “010(1)(b) provides that one method to initiate the formation of an airport district is by "[a] resolution adopted by the governing body of any city owning an airport within the proposed district and filed with the governing body of the principal county in the proposed district,…”
State ex rel City of Happy Valley v. Dept. of Rev., 23 Or. Tax 193 (Or. T.C. 2018). · cites it 3× “For example, another statute, for- mer ORS 198.785(2) (1973), already provided three separate means to “contest the validity” of a boundary change involv- ing a special district: a mandamus action in circuit court, a special in rem proceeding in circuit court or a writ of review.”
— Or. Rev. Stat. § 198.785(1) — 1 case
State Ex Rel. City of Powers v. Coos Cnty. Airport Dist., 119 P.3d 225 (Or. Ct. App. 2005). “010(1)(b) provides that one method to initiate the formation of an airport district is by "[a] resolution adopted by the governing body of any city owning an airport within the proposed district and filed with the governing body of the principal county in the proposed district,…”
— Or. Rev. Stat. § 198.785(2) — 2 cases
State Ex Rel. City of Powers v. Coos Cnty. Airport Dist., 119 P.3d 225 (Or. Ct. App. 2005). “010(1)(b) provides that one method to initiate the formation of an airport district is by "[a] resolution adopted by the governing body of any city owning an airport within the proposed district and filed with the governing body of the principal county in the proposed district,…”
State ex rel City of Happy Valley v. Dept. of Rev., 23 Or. Tax 193 (Or. T.C. 2018). “For example, another statute, for- mer ORS 198.785(2) (1973), already provided three separate means to “contest the validity” of a boundary change involv- ing a special district: a mandamus action in circuit court, a special in rem proceeding in circuit court or a writ of review.”
— Or. Rev. Stat. § 198.785(3) — 2 cases
State Ex Rel. City of Powers v. Coos Cnty. Airport Dist., 119 P.3d 225 (Or. Ct. App. 2005). “010(1)(b) provides that one method to initiate the formation of an airport district is by "[a] resolution adopted by the governing body of any city owning an airport within the proposed district and filed with the governing body of the principal county in the proposed district,…”
State ex rel City of Happy Valley v. Dept. of Rev., 23 Or. Tax 193 (Or. T.C. 2018). “For example, another statute, for- mer ORS 198.785(2) (1973), already provided three separate means to “contest the validity” of a boundary change involv- ing a special district: a mandamus action in circuit court, a special in rem proceeding in circuit court or a writ of review.”
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