STATE EX REL. KASHMIR CORP. v. Schmidt

In this proceeding in mandamus, we are concerned with interpretation of ORS 34.210, which provides:

“If judgment is given for the plaintiff, he shall recover damages which he has sustained by reason of the premises, to be ascertained in the same manner as in an action, together with costs and disbursements, and a peremptory mandamus shall be awarded without delay.”

Plaintiff takes the position that the statute creates a cause of action upon which a plaintiff in mandamus may recover whatever damages flow from a defendant’s action which plaintiff seeks to correct in mandamus. Defendant contends…