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CLACKAMAS CTY. v. VILLAGE AT MAIN STREET

(TC 4877; SC S058755).

282 P.3d 814 (2012)

352 Or. 144

CLACKAMAS COUNTY ASSESSOR, Plaintiff-Appellant, and Department of Revenue, State of Oregon, Appellant, v. VILLAGE AT MAIN STREET PHASE II, LLC, Defendant-Respondent.

Supreme Court of Oregon, En Banc.

Decided June 28, 2012.

Attorney(s) appearing for the Case

Kathleen J. Rastetter , Assistant County Counsel, Oregon City, argued the cause and filed the briefs for appellant Clackamas County Assessor. With her on the briefs was Clackamas County Counsel.

Jeremy C. Rice , Assistant Attorney General, Salem, filed the briefs for appellant Oregon Department of Revenue. With him on the briefs were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

David P. Weiner , Greene & Markley, P.C., Portland, argued the cause and filed the brief for respondent. With him on the brief was Donald H. Grim .

WALTERS, J.

This tax case arises on direct review of a decision of the Tax Court awarding attorney fees to the taxpayer, Village At Main Street Phase II LLC (Village), after its successful challenge to the Clackamas County Assessor's (the county's) property tax assessment on certain improvements to its property. The Tax Court issued an order and supplemental judgment naming the county as the judgment debtor, but requiring the Department of Revenue (the department...

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