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IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax BANG VAN TRAN and DAO ANH THI LAM, Plaintiffs, v. MULTNOMAH COUNTY ASSESSOR, Defendant. ) ) ) ) ) ) ) ) )

TC-MD 050508E

DECISION OF DISMISSAL

This matter is before the court on Defendant's Motion to Dismiss, filed May 17, 2005. The court discussed the motion with the parties during the case management conference held July 12, 2005. Bang Van Tran appeared on behalf of Plaintiffs. Richard Sanderman appeared on behalf of Defendant. I. STATEMENT OF FACTS Plaintiffs appeal the 2004-05 assessed value of the property identified as Account R220287. Plaintiffs purchased the property October 14, 2004, for $287,500. For the 2004-05 tax year, Defendant assigned the property a real market value (RMV) of $510,150 and a maximum assessed value (MAV) of $303,580. Because the MAV was lower than the RMV, the assessed value (AV) of the property was $303,580. Plaintiffs appealed the values to the Multnomah County Board of Property Tax Appeals (the board). The board reduced the RMV of the property to the purchase price of $287,500. Because that action reduced the RMV below the MAV, the board ordered the AV reduced to $287,500. Plaintiffs appeal, claiming the AV should be further reduced based on the RMV reduction. /// ///

DECISION OF DISMISSAL TC-MD 050508E

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II. ANALYSIS In May 1997, Oregon voters passed by referendum Measure 50 (M50). That measure substantially modified the property tax system in the State of Oregon. Prior to M50, a property was taxed at its RMV. Due to increasing values, Oregon voters chose to limit the growth of assessed values. In doing so, M50 created the concept of "maximum assessed value" (MAV). For the 1997-98 tax year, which was the implementation year for M50, the MAV was calculated by taking the property's 1995-96 RMV and subtracting 10 percent. Or Const, Art XI,

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