Opinion
TC-MD 140139N
08-25-2014
MARK BARTLETT, Plaintiff v. MULTNOMAH COUNTY ASSESSOR, Defendant.
FINAL DECISION OF DISMISSAL
ALLISON R. BOOMER MAGISTRATE JUDGE
This Final Decision incorporates without change the court's Decision entered on August 8, 2014. The court did not receive a request for an award of costs and disbursements within 14 days after its Decision was entered. See TCR-MD 19.
This matter is before the court on Plaintiff's motion to dismiss, filed July 30, 2014, requesting that the Complaint be dismissed.
Plaintiff filed his Complaint on April 7, 2014, challenging a Multnomah County Board of Property Tax Appeals (BOPTA) Order and requesting relief in the amount of “[e]st. [at] $501, 080” for property identified as Account R187797 for tax year 2013-14. On April 24, 2014, Defendant filed its first Motion to Dismiss for failure “to allege a real market value that would suggest that he was aggrieved by the BOPTA determination of real market value.” (Def's Mot at 2.) A case management conference was held on May 15, 2014, during which the parties discussed, and the court subsequently denied, Defendant's first Motion to Dismiss.
On July 30, 2014, Plaintiff filed a written withdrawal of his appeal, stating “I [am] unwilling to go forward. Please dismiss the complaint.” (Ptf's Ltr at 1, Jul 30, 2014.) Defendant filed a second Motion to Dismiss on August 7, 2014, requesting dismissal of Plaintiff's Complaint “due to Plaintiff's failure to comply with the Court's July 16, 2014, discovery and inspection order.” (Def's Mot at 1.) Defendant's second Motion to Dismiss was not responsive to Plaintiff's written withdrawal.
Under these circumstances, the court finds that the case should be dismissed. Now, therefore, IT IS THE DECISION OF THIS COURT that Plaintiff's appeal is dismissed.