AVIS RENT A CAR SYSTEM v. DEPT. OF REV.

No. TC 4138, 4139; SC S46390, S46402 (Control).

995 P.2d 1163 (2000)

330 Or. 35

AVIS RENT A CAR SYSTEM, INC., Budget Rent A Car Systems, Inc., Dollar Rent A Car and The Hertz Corporation, Plaintiffs-Appellants, v. DEPARTMENT OF REVENUE, State of Oregon, Respondent, and Multnomah County, a political subdivision of the State of Oregon, Intervenor-Respondent. National Car Rental Systems, Inc., Appellant, v. Department of Revenue, State of Oregon, Respondent, and Multnomah County, a political subdivision of the State of Oregon, Intervenor-Respondent.

Supreme Court of Oregon, En Banc.

Decided March 3, 2000.


Attorney(s) appearing for the Case

James N. Gardner, of Gardner & Gardner, Attorneys, P.C., Portland, argued the cause for plaintiffs-appellants Avis Rent A Car System, Inc., Budget Rent A Car Systems, Inc., Dollar Rent A Car, and the Hertz Corporation. With him on the briefs was Lynda N. Gardner.

Timothy E. Miller, of Miller & Associates, Lake Oswego, on behalf of plaintiff-appellant National Car Rental Systems, Inc., adopted in whole the briefs filed by James N. Gardner, with one supplement.

James C. Wallace, Assistant Attorney General, Salem, argued the cause for defendant-respondent. With him on the brief was Hardy Myers, Attorney General.

No appearance by intervenor-respondent.


KULONGOSKI, J.

In these consolidated cases, taxpayers are five rental car companies operating out of the Portland International Airport.1 The airport is owned and operated by the Port of Portland (Port), a political subdivision of the State of Oregon whose property is exempt from taxation. See ORS chapter 778 (creating Port and defining its functions and powers); ORS 307.090 (exempting Port property from taxation). Under written...

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