Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

Roy MILLER, Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, and Assessor of Deschutes County, Respondents.

PER CURIAM

The judgment of the Tax Court is affirmed.

PER CURIAM

In this proceeding on appeal from the Oregon Tax Court, plaintiff sought to challenge both the legal permissibility and the accuracy of a $40 "capital charge" that was levied against certain of his real property by Water Wonderland Improvement District, a public nonprofit corporation. ORS 554.130. The Tax Court dismissed that portion of the proceeding on the ground that the capital charge was not a "tax" and, therefore, the Tax Court did not have jurisdiction under either of its jurisdictional statutes, ORS 305.410 (1) (Tax Court is "sole, exclusive and final judicial authority for the hearing and determination of all questions of law and fact arising under the tax laws") or former ORS 305.115 (4) (Tax Court has jurisdiction over appeals from decisions of Department of Revenue "arising * * * under the tax laws").

Former ORS 305.115 was repealed by Oregon Laws 1995, chapter 650, section 114.

Plaintiff appeals the ruling of the Tax Court. We have considered plaintiff's arguments, but conclude that the Tax Court's ruling was correct.

The judgment of the Tax Court is affirmed.

Use AI to get other relevant cases.

Comments

MILLER v. DEPT. OF REV
(Mar 19, 1998)