ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S058755
CA Number:
Case Title:
Clackamas County Assessor v. Village At Main Street Phase II, LLC
Date:
04/30/2012
Time:
11:00 AM
Location:
Supreme Court
Attorneys:
Kathleen J. Rastetter on behalf of Clackamas County Assessor
Jeremy Rice on behalf of Oregon Department of Revenue
Donald H. Grim on behalf of Village At Main Street Phase II, LLC
Comments:
Statement of Issues:
Clackamas County Assessor v. Village at Main Street II, LLC (S058775) (on direct review, pursuant to ORS 305.445, of a supplemental judgment for attorney fees decided by the Oregon Tax Court).

This case comes before the Oregon Supreme Court on direct review of a supplemental judgment awarding defendant’s attorney fees. Plaintiffs’ assignments of error raise the following relevant issues:

(1) Is an award of attorney fees pursuant to ORS 305.490 warranted under ORS 20.075(1) where the government’s interpretation of a statute is reasonable and the government proceeded in good faith?

(2) Is an award of attorney fees pursuant to ORS 305.490 consistent with a party’s right to seek de novo review from a tax court decision issued by the magistrate division?

(3) Does ORS 305.490 authorize the tax court to award a judgment for attorney fees against a non-party and list as the judgment debtor a non-responsible party?


The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:

Last Revised: 04/19/2012