Assael v. Lane County Assessor
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IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax SALOMON ASSAEL, Plaintiff, v. LANE COUNTY ASSESSOR, Defendant. ) ) ) ) ) ) ) ) ) TC-MD 070554D 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 August 2, 2007, to consider Plaintiff s appeal. On July 13, 2007, notice of the case management conference was sent to Plaintiff c/o Magganas, 2550 Applan Way, Pinole, CA 94564.1 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 August 2, 2007, the court sent Plaintiff a letter, which explained the importance of diligently pursuing an appeal. That letter was sent to Plaintiff c/o Magganas, 2550 Appian Way, Pinole, CA 94564.2 That letter was not returned as undeliverable. The letter advised that if Plaintiff did not provide a written explanation by August 16, 2007, for his failure to appear, the court would dismiss the appeal. As of this date, Plaintiff has not contacted the court. /// 1 The address provided in Plaintiff s Complaint was 2550 Appian W ay. The court s notice contained a typographical error. It should be noted that Applan is the street name on the notice attached to Plaintiff s Complaint 2 That is the address provided by Plaintiff with the Complaint. DECISION OF DISMISSAL TC-MD 070554D 1 Under such circumstances, the court finds the appeal must be dismissed for want of prosecution. Now, therefore, IT IS THE DECISION OF THIS COURT that this matter is dismissed. Dated this _____ day of August 2007. __________________________ 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 August 23, 2007. The Court filed and entered this document on August 23, 2007. DECISION OF DISMISSAL TC-MD 070554D 2
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