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Oregon Revised Statutes

Or. Rev. Stat. § 261.605 (2026)

Testing validity of certain commission and board proceedings

✓ current as of May 2026
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      261.605 Testing validity of certain commission and board proceedings. (1) The board of directors of a people’s utility district may by petition commence proceedings in the circuit court of the county in which the district, or the greater portion thereof, is located, for the purpose of having a judicial examination and judgment of the court as to regularity and legality of proceedings in connection with creation of the district, including:

      (a) Any action or proceeding of the county governing body proclaiming the creation of the district, or declaring the result of any general or special election therein.

      (b) The proceedings of the board and district providing for and authorizing issue and sale of bonds of the district, whether such bonds or any of them have or have not been sold or disposed of.

      (c) Any order of the board levying a tax.

      (d) The legality of the authorization of any contract with the United States and the validity of such contract, whether or not it has been executed.

      (2) All proceedings of the district may be judicially examined and determined in one special proceeding, or any part thereof may be separately examined and determined by the court. [Amended by 1979 c.558 §27]

Notes of Decisions
Cited in 4 cases, 1982–2005 · 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 8× “ORS 261.605 to 261.635 describe the court proceeding by which, among other things, the creation of a people's utility district may be challenged.”
Gibbons v. Umatilla Cnty. People's Util. Dist., 9 Or. Tax 176 (Or. T.C. 1982). “(In a prior Order Denying Defendant’s Motion to Dismiss Amended Complaint, filed in this court on February 3, 1982, the court held that the levy which is the subject of this suit is not the type of levy which is referred to in ORS 261.605(l)(c) and was not a levy in connection…”
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982). · cites it 3× “*55 ORS 261.605(1) provides for judicial review of proceedings in connection with the creation of a PUD.”
Pac. Power & Light Co. v. Emerald People's Util. Dist., 646 P.2d 1360 (Or. Ct. App. 1982). “The Carson case was a special proceeding brought under ORS 261.605 to 261.635. It was filed after the election and sought the same relief as the amended complaint in the Pacific case.”
Or. Rev. Stat. § 261.605(1): 1 case
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982). “*55 ORS 261.605(1) provides for judicial review of proceedings in connection with the creation of a PUD.”
Or. Rev. Stat. § 261.605(1)(b): 1 case
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982). “*55 ORS 261.605(1) provides for judicial review of proceedings in connection with the creation of a PUD.”
Or. Rev. Stat. § 261.605(l)(a): 1 case
Stork v. Columbia River People's Util. Dist., 646 P.2d 1372 (Or. Ct. App. 1982). “*55 ORS 261.605(1) provides for judicial review of proceedings in connection with the creation of a PUD.”
Or. Rev. Stat. § 261.605(l)(c): 1 case
Gibbons v. Umatilla Cnty. People's Util. Dist., 9 Or. Tax 176 (Or. T.C. 1982). “(In a prior Order Denying Defendant’s Motion to Dismiss Amended Complaint, filed in this court on February 3, 1982, the court held that the levy which is the subject of this suit is not the type of levy which is referred to in ORS 261.605(l)(c) and was not a levy in connection…”
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