Opinion

Multnomah County v. Talbot

  • 56 Or. App. 235
  • 641 P.2d 617
  • 1982 Ore. App. LEXIS 2465
Court
Court of Appeals of Oregon
Filed
Mar 8, 1982
Status
Published
Author
Joseph
On the bench
Buttler, Joseph, Gillette, Warren
Cited by
13 cases
Authority
More cited than 5.9%

tax court lacked subject matter jurisdiction to consider whether a charge imposed on certain energy resource suppliers under ORS 469.421(8) was a fee or a tax, and whether that charge violated the Oregon Constitution

How later courts described this case

  • tax court lacked subject matter jurisdiction to consider whether a charge imposed on certain energy resource suppliers under ORS 469.421(8) was a fee or a tax, and whether that charge violated the Oregon Constitution
  • referring to potential judicial review “under the APA”

Written by the judges who cited it.

The opinion

JOSEPH, C. J.,

dissenting.

I concur in the dissents of Judges Gillette and Warren. Nonetheless I want to point out distinctly that in no event can this litigation be in any court but the tax court, which is a “circuit court” when it adjudicates, ORS 305.405, and is “the sole, exclusive and final judicial authority * * * under the tax laws of this state.” ORS 305.410. The Oregon Classification of Historic Property Act is a complete statutory scheme (sic) for giving owners of certain real property special tax preferences. It is a tax law, and *248 jurisdiction rests entirely in the tax court as a circuit court. Semble: Jarvill v. City of Eugene, 289 Or 157 , 613 P2d 1 , cert denied 449 US 1013 (1980).

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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