82nd Development LLC v. Multnomah County Assessor

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IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax 82ND DEVELOPMENT LLC, Plaintiff, v. MULTNOMAH COUNTY ASSESSOR, Defendant. ) ) ) ) ) ) ) ) ) TC-MD 180150R FINAL DECISION OF DISMISSAL1 This matter came before the court on its own motion to dismiss this case for lack of prosecution. A case management conference was scheduled at 9:00 a.m. on June 19, 2018, to consider Plaintiff’s appeal. On May 25, 2018, the court sent notice of the scheduled case management conference to Plaintiff’s representative at the email address provided to the court. That notice advised that the court might dismiss the appeal if Plaintiff did not appear. On June 19, 2018, Plaintiff failed to appear for the hearing. That same day, the court sent Plaintiff’s representative a letter, ordering him to submit a written explanation to the court by July 3, 2018, explaining his failure to appear. As of this date, Plaintiff’s representative has not submitted a written response to the court’s letter. Under such circumstances, the court finds the appeal must be dismissed for lack of prosecution. Now, therefore, /// /// /// 1 This Final Decision of Dismissal incorporates without change the court’s Decision of Dismissal, entered July 13, 2018. The court did not receive a statement of costs and disbursements within 14 days after its Decision of Dismissal was entered. See Tax Court Rule–Magistrate Division (TCR–MD) 16 C(1). DECISION OF DISMISSAL TC-MD 180150R 1 IT IS THE DECISION OF THIS COURT that Plaintiff’s appeal is dismissed. Dated this day of July 2018. RICHARD DAVIS MAGISTRATE If you want to appeal this Final Decision of Dismissal, 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 Final Decision of Dismissal or this Final Decision of Dismissal cannot be changed. TCR-MD 19 B. This document was signed by Magistrate Richard Davis and entered on July 31, 2018. DECISION OF DISMISSAL TC-MD 180150R 2

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