Village at Main Street Phase II v. Dept. of Rev.
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In consolidated property tax appeals, taxpayers challenged the valuation of their real property by the Clackamas County Assessor. In their appeals to the Magistrate Division of the Tax Court, they challenged only the valuation of the improvements on their land, not the valuation of the land itself. The Magistrate Division affirmed. Taxpayers then appealed to the Regular Division of the Tax Court, again challenging only the valuation of their improvements. In the pendency of that appeal, the legislature had enacted ORS 305.287. Under that new statute, even if a taxpayer challenged only one aspect of a property tax assessment, any other party to an “appeal” may challenge other aspects of the assessment as well. Relying on that statute, the county asserted for the first time before the Regular
Division of the Tax Court that it had erroneously undervalued taxpayers’ land. The Tax Court concluded, however, that challenges before the Regular Division were not “appeals” for the purposes of that statute. As a result, the court ruled that the county could not challenge the valuation of taxpayers’ land. The issue before the Supreme Court was whether the Tax Court correctly concluded that ORS 305.287 did not apply to appeals to the Regular Division of the Tax Court. After review, the Supreme Court concluded that the Tax Court erred in ruling that the statute did not apply and that the county could not challenge its own land valuations.
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