Opinion

Edwards v. Multomah County Assessor

Court
Oregon Tax Court
Filed
Sep 7, 2018
Status
Unpublished
On the bench
Boomer
Cited by
0 cases
Authority
More cited than 30.8%

The opinion

IN THE OREGON TAX COURT

MAGISTRATE DIVISION

Property Tax

JAMES M. EDWARDS, Trustee, )

and MICHELE K. MASS, Trustee, )

)

Plaintiffs, ) TC-MD 180144N

)

v. )

)

MULTNOMAH COUNTY ASSESSOR, )

)

Defendant. ) FINAL DECISION

This matter came before the court on the agreement of the parties that the 2017-18 real

market value of property identified as R594728 (subject property) is $1.2 million. The sole

remaining dispute is whether the court should award Plaintiffs costs and disbursements in the

amount of $265 for their filing fee. Plaintiffs filed a Statement for Costs and Disbursements

(Statement) on August 10, 2018. Defendant filed its objection on August 20, 2018. Plaintiffs

filed a response to the objection on August 22, 2018. This matter is now ready for determination.

A. Procedural History

Plaintiffs filed their Complaint on April 10, 2018, alleging that the subject property’s

2017-18 real market value was $1,214,518. The 2017-18 tax roll real market value was

$3,223,720, which the Board of Property Tax Appeals (BOPTA) reduced to $1,640,000. (Compl

at 2.) Defendant initially requested that the tax roll value be sustained, but worked with

Plaintiffs to reach the settlement described above. (See Answer.)

B. Costs and Disbursements

Magistrates have discretionary authority to award costs and disbursements to the

prevailing party. See ORS 305.490(2); Wihtol I v. Dept. of Rev., 21 OTR 260, 267-68 (2013);

Tax Court Rule–Magistrate Division (TCR–MD) 16 B. This court has determined that, as in the

FINAL DECISION TC-MD 180144N 1

context of attorney fee awards, a prevailing party is one that receives a favorable judgment on a

claim. See Withol v. Multnomah County Assessor, TC-MD 120762N, 2014 WL 274126 at *2

(Jan 24, 2014). Thus, a party that receives a “substantial reduction” in the value of the property

at issue” is the prevailing party. Id. at *4. Here, the court concludes that Plaintiffs are the

prevailing party because they have received a reduction in the 2017-18 real market value of the

subject property to their requested value. The question becomes whether the court should, in its

discretion, award Plaintiffs costs and disbursements.

Plaintiffs maintain that they should receive costs and disbursements because (1)

Defendant’s tax roll real market value was due to a “flawed computerized system without

oversight”; (2) the comparable sales Defendant presented at BOPTA were not, in fact,

comparable to the subject property and were subject to a “mysterious ‘adjustment factor’ ”; and

(3) following inspection, Defendant “agreed that their methodology resulted in an incorrect

value.” (Ptfs’ Statement at 3.) Defendant disagreed with Plaintiffs’ first statement and argued

that the second, concerning BOPTA evidence, is irrelevant in this de novo proceeding. (Def’s

objection at 1.) Defendant further alleged that Plaintiffs denied their initial site inspection

request, which hindered the accuracy of Defendant’s analysis. (See id.) Plaintiffs dispute that

they denied any site inspection request, asserting that the first request received was at the case

management conference on May 29, 2018. (Ptfs’ response.)

In Withol, this court discussed some considerations that may be relevant to the court’s

exercise of its discretion to award costs and disbursements. 2014 WL 274126 at *5. Those

considerations include whether the taxpayer timely filed required returns; whether the taxpayer

took advantage of any available administrative review to avoid the necessity of litigation; and

whether the case involves “multiple claims or issues that were variously won and lost by the

FINAL DECISION TC-MD 180144N 2

parties.” Id. For example, in Chiles v. Multnomah County Assessor, TC-MD 130384N, 2014

WL 2993791 (Jul 3, 2014), this court declined to award costs and disbursements where the

taxpayer prevailed on three claims and the county assessor prevailed on three claims.

Here, Plaintiffs took advantage of available administrative review (BOPTA) and

prevailed on the only claim presented to the court, the 2017-18 real market value of the subject

property. The parties dispute whether Plaintiffs denied an initial site inspection request, but the

court received no evidence upon which to make a determination. Under those facts, the court

finds an award of costs and disbursements is appropriate. Plaintiffs are awarded costs and

disbursements in the amount of $265. Now, therefore,

IT IS THE DECISION OF THIS COURT that, as stipulated by the parties, the 2017-18

real market value of property identified as Account R594728 is $1.2 million.

IT IS FURTHER DECIDED that Plaintiffs’ request for an award of costs and

disbursements in the amount of $265 is granted.

Dated this day of September 2018.

ALLISON R. BOOMER

MAGISTRATE

If you want to appeal this Final Decision, file a complaint in the Regular

Division of the Oregon Tax Court, by mailing to: 1163 State Street, Salem, OR

97301-2563; or by hand delivery to: Fourth Floor, 1241 State Street, Salem, OR.

Your complaint must be submitted within 60 days after the date of the Final

Decision or this Final Decision cannot be changed. TCR-MD 19 B.

This document was signed by Magistrate Allison R. Boomer and entered on

September 7, 2018.

FINAL DECISION TC-MD 180144N 3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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