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SCHOOL DISTRICT NO. 12 OF WASCO CTY. v. WASCO COUNTY

529 P.2d 386 (1974)

SCHOOL DISTRICT NO. 12 OF WASCO COUNTY, Oregon, et al., Appellants, v. WASCO COUNTY, Oregon, et al., Respondents, Department of Revenue, State of Oregon, Intervenor.

Supreme Court of Oregon.

Decided December 12, 1974.

Attorney(s) appearing for the Case

Charles A. Phipps and Keith A. Mobley of Phipps, Dunn & Mobley, The Dalles, argued the cause and filed briefs for appellants School District No. 12, City of The Dalles, Mosier Rural Fire Protection District, Dean M. Wilcox, M.D., Jerry S. Davis, John J. Milne, and Walt Carte.

M.D. Van Valkenburgh, of Heisler & Van Valkenburgh, The Dalles, argued the cause and filed a brief for respondents Wasco County, Oregon School District No. 9 and Wasco Rural Fire Protection District.

Ira W. Jones, Asst. Atty. Gen., Salem, argued the cause for intervenor. With him on the brief were Lee Johnson, Atty. Gen., and Theodore W. de Looze, Chief Tax Counsel, Salem.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL and SLOPER, JJ.

HOLMAN, Justice.

This is a review of a declaratory judgment proceeding to test the constitutionality of the laws of this state which relate to the manner in which ad valorem property tax refunds are paid. The Oregon Tax Court held the laws to be constitutional1 and plaintiffs appeal.

Martin Marietta Aluminum, Inc., owns a large aluminum manufacturing plant in Wasco County. After protracted litigation with the appropriate governmental...

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