MILLER v. DEPARTMENT OF REVENUE

OTC 3934; SC S44521.

953 P.2d 72 (1998)

326 Or. 527

Roy MILLER, Appellant, v. DEPARTMENT OF REVENUE, State of Oregon, and Assessor of Deschutes County, Respondents.

Supreme Court of Oregon.

Decided March 19, 1998.


Attorney(s) appearing for the Case

Roy Miller, appellant pro se, argued the cause and filed the brief.

Bruce W. White, Deschutes County Legal Counsel, Bend, filed the brief for respondent Assessor of Deschutes County.

James C. Wallace, Assistant Attorney General, Salem, waived appearance for respondent Department of Revenue.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER, DURHAM and LEESON, JJ.


PER CURIAM.

In this proceeding on appeal from the Oregon Tax Court, plaintiff sought to challenge both the legal permissibility and the accuracy of a $40 "capital charge" that was levied against certain of his real property by Water Wonderland Improvement District, a public non-profit corporation. ORS 554.130. The Tax Court dismissed that portion of the proceeding on the ground that the capital charge was not a "tax" and, therefore, the Tax Court did not have jurisdiction...

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