Ankeny Building LLC v. Multnomah County Assessor

FINAL DECISION OF DISMISSAL TC-MD 170289N 1
IN THE OREGON TAX COURT
MAGISTRATE DIVISION
Property Tax
ANKENY BUILDING LLC, )
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Plaintiff, TC-MD 170289N
v.
MULTNOMAH COUNTY ASSESSOR,
FINAL DECISION OF DISMISSAL1
Defendant.
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 10:30 a.m. on October 24, 2017, to
consider Plaintiff’s appeal. On October 9, 2017, the court sent notice of the scheduled case
management conference to Plaintiff’s representative at the email address he provided to the
court. That notice advised that if Plaintiff, through its representative, did not appear, the court
might dismiss the appeal.
Plaintiff’s representative failed to appear for the scheduled case management conference.
On October 25, 2017, the court sent Plaintiff’s representative a letter. The court’s letter ordered
Plaintiff’s representative to submit a written explanation by November 8, 2017, for his failure to
appear.
The court’s records show that Plaintiff’s representative called the court twice, on October
24 and 26, 2017, after he failed to appear for the case management conference. Court staff
explained to Plaintiff’s representative that he had missed the case management conference and
1 This Final Decision of Dismissal incorporates without change the court’s Decision of Dismissal, entered
November 15, 2017. 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).

FINAL DECISION OF DISMISSAL TC-MD 170289N 2
that the court had issued a letter ordering Plaintiff to submit a written explanation for his failure
to appear. Court staff emailed the documents in the case file, including the court’s letter, to
Plaintiff’s representative on October 26, 2017.
As of this date, Plaintiff’s representative has not submitted a written response to the
court’s letter explaining his failure to appear. Under such circumstances, the court finds the
appeal must be dismissed for lack of prosecution. Now, therefore,
IT IS THE DECISION OF THIS COURT that Plaintiff’s appeal is dismissed.
Dated this day of December, 2017.
ALLISON R. BOOMER
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 Boomer and entered on December 5,
2017.