Swan Lake Moulding Co. v. Department of Revenue
Cases that cite this one
28 later published cases cite this decision. The 25 that cite it most often are listed here.
- Albertsons Cos. v. Clackamas County Assessor (Oregon Tax Court 2023)
- Darcel, Inc. v. City of Manitowoc Board of Review (Wis. 1987)
- Commonwealth, Inc. v. Department of Revenue (Or. 1971)
- Lowes v. Yamhill County Assessor (220188R) (Oregon Tax Court 2024)
- Lowes v. Yamhill County Assessor (210217G) (Oregon Tax Court 2024)
- Macy's Dept. Stores, Inc. v. Clackamas County Assessor (Oregon Tax Court 2020)
- Macy's Dept. Stores, Inc. v. Clackamas County Assessor (Oregon Tax Court 2020)
- Powell St. I, LLC v. Multnomah Cnty. Assessor (Or. 2019)
- Polk County v. Department of Revenue (Oregon Tax Court 1999)
- Pollin v. Department of Revenue (Or. 1998)
- Town of Sanford v. J & N SANFORD TRUST (Me. 1997)
- Douglas County Assessor v. Department of Revenue (Oregon Tax Court 1994)
- Bayridge Associates Ltd. Partnership v. Department of Revenue (Oregon Tax Court 1994)
- Missouri Baptist Children's Home v. State Tax Commission (Mo. 1993)
- Ass'n of Unit Owners v. Department of Revenue (Oregon Tax Court 1991)
- Mathias v. Department of Revenue (Oregon Tax Court 1990)
- Cove Sportsmans Club v. Department of Revenue (Oregon Tax Court 1988)
- First Interstate Bank of Oregon, N.A. v. Department of Revenue (Oregon Tax Court 1987)
- Parkside Plaza Apartments v. Department of Revenue (Oregon Tax Court 1985)
- Rockwood Development Corp. v. Department of Revenue (Oregon Tax Court 1985)
- Supervisor of Assessments v. Ort Children Trust Four (Md. 1982)
- Magna Investment & Development Corp. v. Pima County (Ariz. Ct. App. 1981)
- Caldwell v. Department of Revenue (Ariz. Ct. App. 1979)
- Bend Millwork Co. v. Department of Revenue (Or. 1979)
- Wynwood Apartments, Inc. v. Board of Revision (Ohio 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
SWAN LAKE MOULDING COMPANY, an Oregon Corporation, Appellant,
v.
DEPARTMENT OF REVENUE of the State of Oregon, Respondent.
Supreme Court of Oregon, In Banc.
*714 Ganong, Ganong & Gordon, Klamath Falls, for the petition.
No appearance contra.
On Appellant's Petition for Rehearing Filed January 11, 1971.
DENECKE, Justice.
On petition for rehearing the taxpayer contends that our decision disregards existing leases on the property, contrary to the requirements of ORS 308.235, which provides, in part:
"Taxable real property shall be assessed by a method which takes into consideration the improvements on the land and in the surrounding country and also the use, earning power and usefulness of such improvements, and any rights or privileges attached thereto or connected therewith * * *." (Emphasis added.)
We did not hold that the earning power of the property should be disregarded; however, the income from an existing lease is not determinative of that earning power. It is the potential income to be derived from the highest and best possible use. If the rent reserved in the lease is less than the property is capable of producing, the lessee's interest is more valuable and it is the entire group of interests in the property, lessor's and lessee's, that is valued.
Petition denied.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.