Opinion

Emmert v. Clackamas County Assessor

Court
Oregon Tax Court
Filed
Aug 24, 2018
Status
Unpublished
On the bench
Davis
Cited by
0 cases

The opinion

IN THE OREGON TAX COURT

MAGISTRATE DIVISION

Property Tax

TERRY W. EMMERT, )

)

Plaintiff, ) TC-MD 180196R

)

v. )

)

CLACKAMAS COUNTY ASSESSOR, )

)

Defendant. ) FINAL DECISION OF DISMISSAL1

This matter came before the court on Defendant’s Motion to Dismiss (Motion), contained

in its Answer, on the ground that Plaintiff failed to appeal within the 30 days required by ORS

305.280(4).

A review of Plaintiff’s materials shows the Order of the Board of Property Tax Appeals

(BOPTA) was mailed to Plaintiff on March 19, 2018. The Complaint was filed on April 25,

2018. This interval is longer than the 30 days required by ORS 305.280(4), which states:

“[A]n appeal to the tax court * * * from an order of a county board of property tax

appeals shall be filed within 30 days after the * * * date of mailing of the order,

date of publication of notice of the order, date the order is personally delivered to

the taxpayer or date of mailing of the notice of the order to the taxpayer,

whichever is applicable.”

Plaintiff filed a response to the Motion on July 10, 2018, asserting that the BOPTA Order

was received by Emmert Industrial Corp. on March 26, 2018, and was not delivered to Plaintiff

until March 27, 2018. (Response at 1.) Plaintiff asserts that the 30 day period should not start

until he actually received the Order. Plaintiff’s argument is not persuasive. If the Legislature

wanted to require actual notice, it could have done so. For example, ORS 305.280(1) provides

1

This Final Decision of Dismissal incorporates without change the court’s Decision of Dismissal, entered

August 6, 2018. The court did not receive a statement of costs and disbursements within 14 days after its Decision

of Dismissal was entered. See Tax Court Rule–Magistrate Division (TCR–MD) 16 C(1).

FINAL DECISION OF DISMISSAL TC-MD 180196R 1

that “an appeal under ORS 305.275(1) or (2) shall be filed within 90 days after the act, omission,

order or determination becomes actually known to the person, but in no event later than one year

after the act or omission has occurred[.]” (Emphasis added.) The Legislature did not include a

provision requiring actual notice to the taxpayer for an appeal from a BOPTA Order.

The deadline to appeal a BOPTA Order starts upon the “mailing of the order.” ORS

305.280(4). Plaintiff has not presented any fact or argument which prevents the application of

this statute. Defendant’s Motion to Dismiss is granted. Now, therefore,

IT IS THE DECISION OF THIS COURT that Defendant’s Motion to Dismiss is granted.

Plaintiff’s appeal is dismissed.

Dated this day of August 2018.

RICHARD DAVIS

MAGISTRATE

If you want to appeal this Final Decision of Dismissal, 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 of Dismissal or this Final Decision of Dismissal cannot be changed.

TCR-MD 19 B.

This document was signed by Magistrate Richard Davis and entered on August

24, 2018.

FINAL DECISION OF DISMISSAL TC-MD 180196R 2

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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