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State ex rel Portland Habilitation Center, Inc. v. Portland State University

Summarized by: 

Date Filed: 12-13-2012
Case #: S059698
Linder, J. for the Court; En Banc.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/S059698.pdf

Remedies: Under ORS 34.110 a relator is not entitled to mandamus relief if a plain, speedy, and adequate remedy at law is available.

On review, Portland Habilitation Center (PHC) argued that under ORS 34.130(3) the circuit court erred in denying its petition for an alternative writ of mandamus regardless of any available adequate remedy at law. PHC is a non-profit agency that provides job-placement for individuals with disabilities. In 2007, PHC entered into negotiations with Portland State University (PSU), a public agency statutorily obligated to contract with non-profit agencies for certain services under ORS 279.835. Negotiations failed and PSU entered into a contract for services with another company who was not a qualified non-profit agency. PHC filed a petition for an alternative writ of mandamus arguing that PSU had violated its statutory obligation. The circuit court denied and dismissed the petition, finding that ORS 34.110 precluded the court from issuing the writ because PHC had an adequate remedy at law. On review, the Court found that ORS 34.130(3) described the procedural parameters that a circuit court must follow for allowing a writ of mandamus, but that the substantive requirements were found in ORS 34.110 which bars relief if there is an adequate remedy at law available to the relator. Affirmed.