Andresen v. Yamhill County Assessor ( 2015 )

IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax RONALD O. ANDRESEN and ) CAROLE J. ANDRESEN, Trustees of the ) Andresen Living Trust, ) ) Plaintiffs, ) TC-MD 140449C ) v. ) ) YAMHILL COUNTY ASSESSOR, ) ) Defendant. ) FINAL DECISION OF DISMISSAL This Final Decision incorporates without change the court’s Decision, entered April 6, 2015. The court did not receive a statement of costs and disbursements within 14 days after its Decision was entered. See TCR-MD 16 C(1). This matter is before the court on Plaintiff’s oral motion to dismiss this case. A case management conference was scheduled for 9:00 a.m. on January 22, 2015, to consider Plaintiffs’ appeal. On February 2, 2015, the court sent notice of the scheduled case management conference to Plaintiffs. The court’s notice was not returned as undeliverable. Plaintiffs failed to appear for the scheduled case management conference. On February 19, 2015, the court sent Plaintiffs a letter that explained the importance of diligently pursuing an appeal. That letter was not returned as undeliverable. The court’s letter advised that if Plaintiffs did not provide a written explanation by March 5, 2015, for their failure to appear, the court would dismiss the appeal. Plaintiff Ronald Andresen telephoned the court on February 23, 2015, and expressed a wish to withdraw; he stated that he would send a written response. /// FINAL DECISION OF DISMISSAL TC-MD 140449C 1 On March 17, 2015, the court sent a letter to Plaintiffs stating that it would grant Plaintiff Ronald Andresen’s February 23, 2015, oral request and dismiss Plaintiffs’ appeal if they did not provide a written statement by March 30, 2015. As of the date of this Decision of Dismissal, Plaintiffs have not submitted a written response to the court’s March 17, 2015, letter. Under such circumstances, the court finds the appeal must be dismissed. Now, therefore, IT IS THE DECISION OF THIS COURT that the Complaint is dismissed. Dated this day of May 2015. DAN ROBINSON MAGISTRATE If you want to appeal this Final 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 Final Decision or this Final Decision cannot be changed. TCR-MD 19 B. This document was signed by Magistrate Dan Robinson on May 5, 2015. The court filed and entered this document on May 5, 2015. FINAL DECISION OF DISMISSAL TC-MD 140449C 2