School District 129J v. Fosdick

In this mandamus action, plaintiffs seek to compel defendants to distribute revenue from certain forest land pursuant to a statutory formula first established in 1941. ORS 530.110 - ORS 530.115. The revenue at issue is derived from land which defendant Linn County originally acquired through tax foreclosure and conveyed to the state in 1939. The trial court, relying on circumstantial evidence, ruled that Linn County had elected to follow the 1941 formula and ordered that a peremptory writ of mandamus issue, directing defendant Downing to disburse the funds at issue currently in her possession…