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STATE EX REL. AUTOMOTIVE EMPORIUM, INC. v. MURCHISON

SC 26477, SC 26478.

616 P.2d 496 (1980)

289 Or. 673

STATE of Oregon ex rel. AUTOMOTIVE EMPORIUM, INC., Plaintiff-Relator, v. John J. MURCHISON, Judge of the Circuit Court of the State of Oregon for Multnomah County; and Harl Haas, District Attorney for Multnomah County, State of Oregon, Defendants. STATE of Oregon ex rel. Kenneth O. TROW, Plaintiff-Relator, v. John J. MURCHISON, Judge of the Circuit Court of the State of Oregon for Multnomah County; and Harl Haas, District Attorney for Multnomah County, State of Oregon, Defendants.

Supreme Court of Oregon, In Banc.

Decided September 23, 1980.

Attorney(s) appearing for the Case

Charles J. Merten, Portland, for the petition. With him on the brief was Merten & Salveit, Portland.

James M. Brown, Asst. Atty. Gen., Salem, contra. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

TANZER, Justice.

Plaintiff has petitioned for rehearing, asserting that our holding that "Direct appeal is an adequate remedy unless the relator would suffer a special loss beyond the burden of litigation by being forced to trial" is inconsistent with prior cases. We did not attempt an exhaustive review of all mandamus caselaw, but this supplemental opinion reviewing some of the cases upon which it relies may be helpful in...

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