Legal Opinion

Douglas County v. Smith

Oregon Tax Court

Decided March 9, 2006No. TC 4750PublishedCited by 1 opinion

1Opinion of the Court

HENRY C. BREITHAUPT, Judge.

I. INTRODUCTION

This case involves a claim for declaratory judgment and a motion for judgment on the pleadings brought by Plaintiff (the county), and a motion to dismiss brought by Defendant (taxpayer).

II. FACTS

This case began when the county filed, directly with the Regular Division of the court, a complaint seeking declaratory judgment against taxpayer. See Tax Court Rule (TCR) C(l)(a) (requiring petitions or complaints for declaratory judgment to be filed directly in the Regular Division); Harelson v. Schneyder, 16 OTR 123, 125 (2003) (same); Irwin v. Dept. of…

2Cases cited8 opinions

  1. Yancy v. ShatzerOregon Supreme Court · 2004
  2. TVKO v. HowlandOregon Supreme Court · 2003
  3. Hoyt Street Properties LLC v. Department of RevenueOregon Tax Court · 2005
  4. City of Salem v. Marion CountyOregon Supreme Court · 1943
  5. Wynne v. Department of RevenueOregon Tax Court · 2005

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Richards v. Dept. of Rev.Oregon Tax Court · 2006

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