The Brookside v. Yamhill Co. Assessor

FINAL DECISION OF DISMISSAL TC-MD 160306R 1
IN THE OREGON TAX COURT
MAGISTRATE DIVISION
Property Tax Exemption
THE BROOKSIDE, )
)
)
)
)
)
)
)
)
Plaintiff, TC-MD 160306R
v.
YAMHILL 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 trial was scheduled at 9:00 a.m. on March 21, 2017, to consider Plaintiff’s appeal. On
November 14, 2016, the court sent notice of the scheduled trial to Plaintiff at the email address
Plaintiff provided to the court. The court’s notice was not returned as undeliverable. That notice
advised that if Plaintiff did not appear, the court might dismiss the appeal.
On March 9, 2016, Plaintiff’s representative called court staff and stated Plaintiff did not
wish to continue the appeal. Court notes indicated that the representative was informed that
court rules require written notice to be filed with service on the opposing party. Plaintiff did not
file a written request to dismiss the case and Plaintiff failed to appear for the scheduled trial.
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
March 27, 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 160306R 2
IT IS THE DECISION OF THIS COURT that Plaintiff’s appeal is dismissed.
Dated this day of April 2017.
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 filed and entered on April 14, 2017.