Wilber v. Wheeler

This mandamus proceeding was instituted by plaintiffs to require the State Engineer to issue a corrected certificate of water right on certain lands owned by plaintiffs in Harney County. The State Engineer demurred to the alternative writ of mandamus on the grounds that plaintiffs had failed to state a cause of action. The circuit court allowed the demurrer, and the Court of Appeals affirmed, 21 Or App 239, 534 P2d 520 (1975). We granted plaintiffs’ petition for review.

*858Plaintiffs’ petition for review included copies of the original water right application, the permit to appropriate water, the…