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CAPSEY v. DEPARTMENT OF REVENUE, STATE OF OREGON

TC 1492; SC 28785.

657 P.2d 680 (1983)

294 Or. 455

Norman T. CAPSEY, Appellant, v. DEPARTMENT OF REVENUE, STATE of Oregon, Respondent.

Supreme Court of Oregon.

Decided January 25, 1983.

Attorney(s) appearing for the Case

Robert R. Dickey, Jr., Medford, argued the cause for appellant. With him on the briefs was Dickey & Dickey, Medford.

Ted E. Barbera, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Dave Frohnmayer, Atty. Gen., Salem.

Before LENT, C.J., LINDE, PETERSON, CAMPBELL, ROBERTS and CARSON, JJ., and JONES, J. Pro Tem.

JONES, Justice Pro Tem.

This is a direct appeal from a final decree issued by the Oregon Tax Court affirming the Department of Revenue's opinion and order denying plaintiff a special farm assessment on his real property.

Plaintiff, a Medford, Oregon, dentist, owns 3.7 acres of land in Jackson County. It is not zoned exclusive farm use. His homesite lies on less than one acre of his property. The remaining acreage consists of a barn, five pastures, a dry pasture...

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