Somac v. Clackamas County Assessor

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax SOMAC, INC. dba Best Western Vineyard Inn, Plaintiff, v. CLACKAMA COUNTY ASSESSOR, Defendant. ) ) ) ) ) ) ) ) ) TC-MD 041140B DECISION OF DISMISSAL This matter is before the court on its own motion to dismiss this case for want of prosecution. A case management conference was scheduled on February 24, 2005, to consider Plaintiff s appeal. On February 15, 2005, notice of the case management conference was sent to Plaintiff at the address Plaintiff provided to the court. The notice was not returned as undeliverable. Plaintiff did not appear at the case management conference, and there was no explanation for Plaintiff s failure to appear. On February 24, 2005, the court sent Plaintiff a letter, which explained the importance of diligently pursuing an appeal. This letter was not returned as undeliverable. The letter advised that if Plaintiff did not provide a written explanation by March 10, 2005, for its failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not contacted the court. Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore, /// /// /// /// DECISION OF DISMISSAL TC-MD 041140B 1 IT IS THE DECISION OF THIS COURT that this matter is dismissed. Dated this _____ day of March 2005. __________________________ JEFF MATTSON MAGISTRATE If you want to appeal this 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 Decision or this Decision becomes final and cannot be changed. This document was signed by Magistrate Jeff Mattson March 31, 2005. The court filed and entered this document March 31, 2005. DECISION OF DISMISSAL TC-MD 041140B 2

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