TC 5465•Mednansky v. Dept. of Rev.
Testo completo
ORDER ON PLAINTIFF’S MOTION TO COMPEL DISCOVERY TC 5465 Page 1 of 3 IN THE OREGON TAX COURT REGULAR DIVISION Property Tax DAVID JOHN MEDNANSKY, Plaintiff, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant, and CURRY COUNTY ASSESSOR, Defendant-Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) TC 5465 ORDER ON PLAINTIFF’S MOTION TO COMPEL DISCOVERY Before the court is Plaintiff’s Motion to Compel Discovery and Declaration filed December 24, 2025, with an objection and declaration filed by Defendant-Intervenor (the County) on December 30, 2025. Plaintiff’s motion requests “tax cards, that is, land appraisal cards and residence appraisal cards, on file with the Assessor for ten properties.” (Ptf’s Motion at 1.) The County objects and seeks an award of expenses under Tax Court Rule (TCR) 46 A (4), on the grounds that formal discovery is closed; that Plaintiff’s informal request was overly broad; and that Plaintiff failed to confer in good faith by allowing too little time between his informal request and the filing of his motion. (Inv’s Objection at 2-3.) The County correctly argues that formal discovery is closed. In a July 2, 2025, letter to the parties, the court ordered that the last date for any party to file any motion to compel discovery was July 15, 2025. However, on December 19, 2025, after granting Plaintiff’s request
ORDER ON PLAINTIFF’S MOTION TO COMPEL DISCOVERY TC 5465 Page 2 of 3 to file a third amended complaint, the court made an exception, granting the County’s motion to compel a physical inspection of the subject property. The court finds that the class of documents actually requested in Plaintiff’s motion is sufficiently narrow to address the County’s objection to the burden of responding to Plaintiff’s informal request by email. (See Inv’s Decl of Boyer, Ex B at 1.) The court will make a final exception by granting Plaintiff’s December 24 motion to the following extent: The documents to be produced are any and all “tax cards, that is, land appraisal cards and residence appraisal cards, on file with the Assessor” for the following properties: 1. 27256 Herman Lane, Gold Beach 2. 29139 Skunk Run Road, Gold Beach 3. 27300 Eighty Acre rd., Gold Beach 4. 27874 Boomer Bend rd., Gold Beach 5. 27641 Highway 101, Gold Beach 6. 27723 Highway 101, Gold Beach 7. 27677 Highway 101, Gold Beach 8. 27737 Highway 101, Gold Beach 9. 27733 Highway 101, Gold Beach 10. 27747 Highway 101, Gold Beach The deadline to produce the documents is close of business on Wednesday, January 7, 2026. No party may file any further motion to compel discovery. The County’s request for expenses and attorney fees under TCR 46 is denied without prejudice. Now, therefore, / / / / / / / / / / / / / / /
ORDER ON PLAINTIFF’S MOTION TO COMPEL DISCOVERY TC 5465 Page 3 of 3 IT IS ORDERED that Defendant-Intervenor produce to Plaintiff, on or before January 7, 2026, the documents identified above. Dated this 30th day of December, 2025.
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