Elliott v. Columbia County Assessor

IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax WAYDE ELLIOTT and ) COLUMBIA SELF STORAGE, INC., ) ) Plaintiffs, ) TC-MD 140163N ) v. ) ) COLUMBIA COUNTY ASSESSOR, ) ) Defendant. ) FINAL DECISION OF DISMISSAL This Final Decision incorporates without change the court’s Decision entered on August 5, 2014. The court did not receive a request for an award of costs and disbursements within 14 days after its Decision was entered. See TCR-MD 19.

This matter is before the court on Plaintiffs’ Revised Motion to Withdraw Complaint (Motion), filed July 23, 2014, by Plaintiffs’ representative, David J. Sweeney, pursuant to Tax Court Rule-Magistrate Division (TCR-MD) 2 F.

TCR-MD 2 F states “[a] party wishing to withdraw its appeal must submit the request in writing to the court with a copy to the other party or parties.” Plaintiffs submitted the Motion, copy to Defendant, stating that they “hereby withdraw their complaint * * *.” (Ptfs’ Mot at 1.)

As of the date of this Decision of Dismissal, Defendant has not filed a response to Plaintiffs’ Motion.

Defendant did not assert any counterclaims in its May 7, 2014, Answer. After considering Plaintiffs’ Motion, the court finds the case should be dismissed. Now, therefore, /// /// ///

FINAL DECISION OF DISMISSAL TC-MD 140163N 1 IT IS THE DECISION OF THIS COURT that Plaintiffs’ Complaint is dismissed.

Dated this day of August 2014.

ALLISON R. BOOMER 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.

This Final Decision was signed by Magistrate Allison R. Boomer on August 22, 2014. The Court filed and entered this Final Decision on August 22, 2014.

FINAL DECISION OF DISMISSAL TC-MD 140163N 2