Wallenkampf v. Deschutes County Assessor

FINAL DECISION OF DISMISSAL TC-MD 160349N 1
IN THE OREGON TAX COURT
MAGISTRATE DIVISION
Property Tax
VICTOR WALLENKAMPF
and NEWBERG PLACE, LLC,
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Plaintiffs, TC-MD 160349N
v.
DESCHUTES COUNTY ASSESSOR,
FINAL DECISION OF DISMISSAL1
Defendant.
This matter came before the court on its own motion to dismiss this case for lack of
prosecution.
A case management conference was scheduled for 10:30 a.m. on December 19, 2016, to
consider Plaintiffs’ appeal. On December 2, 2016, the court sent Plaintiffs notice of the
scheduled case management conference to the e-mail address Plaintiffs provided to the court.
The court’s notice was not returned as undeliverable. That notice advised that if Plaintiffs did
not appear, the court might dismiss their appeal.
Plaintiffs failed to appear for the scheduled case management conference. On
December 20, 2016, 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 January 3, 2017, for their failure to appear,
the court would dismiss the appeal. As of this date, the court has not received a written response
from Plaintiffs explaining their failure to appear or any further communication from Plaintiffs.
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1 This Final Decision of Dismissal incorporates without change the court’s Decision of Dismissal, entered
January 6, 2017. The court did not receive a statement of costs and disbursements within 14 days after its Decision
of Dismissal was entered. See Tax Court Rule–Magistrate Division (TCR–MD) 16 C(1).

FINAL DECISION OF DISMISSAL TC-MD 160349N 2
Under the circumstances, the court finds the appeal must be dismissed for lack of prosecution.
Now, therefore,
IT IS THE DECISION OF THIS COURT that Plaintiffs’ appeal is dismissed.
Dated this day of January 2017.
ALLISON R. BOOMER
MAGISTRATE
If you want to appeal this Final Decision of Dismissal, 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 of Dismissal or this Final Decision of Dismissal cannot be changed.
TCR-MD 19 B.
This document was filed and entered on January 24, 2017.