GATES v. McCLURE

TC 1230; SC 25701.

588 P.2d 32 (1978)

284 Or. 685

Charles A. GATES, Irene James, Nancy Jo Lewis, Appellants, v. Larry McClure, Gayle Kauffmen, Thelma Golden, Lealyn Clark, Richard Kadel, Kathy Scott, Harris Hansen, Gerd Von Hagen, Bob Grey, Dan Larson, and Tigard School District No. 23J, Washington — Clackamas Counties, Oregon, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 27, 1978.


Attorney(s) appearing for the Case

Edward P. Heid, of Kulongoski, Heid, Durham & Drummonds, Eugene, argued the cause and filed briefs, for appellants.

Fred A. Anderson, of Anderson, Dittman & Anderson, Tigard, argued the cause and filed a brief, for respondents.


LENT, Justice.

This case is before us on appeal from the Tax Court. In sustaining a demurrer to plaintiffs' complaint for declaratory decree, the Tax Court held that it had no jurisdiction "to act in the matter * * *" and dismissed the complaint without prejudice. Plaintiffs appealed to this court, ORS 305.445, asserting that the Tax Court does have jurisdiction.

The demurrer for want of jurisdiction of the subject matter was joined with a general demurrer...

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