LaFranchi v. Coos County and Department of Revenue
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IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax RON LaFRANCHI, Plaintiff, v. COOS COUNTY ASSESSOR and DEPARTMENT OF REVENUE, State of Oregon, Defendants. ) ) ) ) ) ) ) ) ) ) ) TC-MD 050810D 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 November 14, 2005, to consider Plaintiff s appeal. On November 2, 2005, notice of the case management conference was sent to Plaintiff at 580 N. Central Street, Coquille, Oregon 97423, which was 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 November 30, 2005, the tax court s operations supervisor telephoned Plaintiff. Plaintiff was unavailable. A message was left for Plaintiff asking him to call the court. Plaintiff did not return the court s telephone call. On December 8, 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 December 23, 2005, for his failure to appear and return the court s telephone call, 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 /// DECISION OF DISMISSAL TC-MD 050810D 1 be dismissed for want of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that this matter is dismissed. Dated this _____ day of January 2006. __________________________ JILL A. TANNER PRESIDING 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 Presiding Magistrate Jill A. Tanner on January 5, 2006 . The Court filed this document on January 5, 2006. DECISION OF DISMISSAL TC-MD 050810D 2
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