Smith Securities Co. v. Multnomah County

• Decision Date: 12 October 1920
• Citation: 98 Or. 418,192 P. 654
• Parties: SMITH SECURITIES CO. ET AL. v. MULTNOMAH COUNTY.
• Court: Oregon Supreme Court

192 P. 654

98 Or. 418

SMITH SECURITIES CO. ET AL. v. MULTNOMAH COUNTY.

Supreme Court of Oregon

October 12, 1920

Department 2.

Appeal from Circuit Court, Multnomah County; George W. Stapleton Judge.

Petition by the Smith Securities Company and another to have an assessment reviewed and corrected. From a decree setting aside the assessment, Multnomah county appeals. Appeal dismissed.

In 1911 and 1912 the R. R. Thompson Estate Company, one of the plaintiffs herein, constructed the Multnomah Hotel on block 44 in the city of Portland, at a cost of something more than a million dollars. On March 1, 1916, on a basis of 75 per cent. of its cash value, the land was assessed at $360,000 and the building at $335,000, making a total of $695,000.

On August 25, 1916, the property was sold to the plaintiff Smith Securities Company for $575,000, under an agreement that the taxes should be prorated between the grantor and the grantee for the current year.

The plaintiffs, feeling aggrieved at the assessment, petitioned the board of equalization of Multnomah county to have it reviewed and corrected, and asked that the land for that year be assessed at $207,000, and the building at $150,000, or a total of $357,000. A hearing was had before the board of equalization, and the petition was denied. The plaintiffs appealed from the decision of the board to the circuit court of Multnomah county, where a trial was had and testimony was taken. The court found that the assessment was made at a greater sum than the true cash value of the property on the first Monday in March, 1916; that on that date its actual cash value was $575,000, and that the assessment should be reduced. A decree was rendered, setting aside the original assessment and ordering that the property be assessed at $575,000. The defendant appeals, assigning error in the findings and rulings of the circuit court.

Samuel H. Pierce, Deputy Dist. Atty., of Portland (Walter H. Evans Dist. Atty., of Portland, on the brief), for appellant.

A. P Dobson, of Portland (Robert Krims, of Portland, on the brief), for respondent.

JOHNS J. (after stating the facts as above).

The appeal from the decision of the board of equalization to the circuit court and the proceedings in that court were founded upon section 3613, L. O. L., which provides as follows:

"Any person who shall have petitioned for the reduction of a particular assessment, or whose assessment has been increased by the board of equalization, who shall be aggrieved by the action of such board, may appeal therefrom to the circuit court of the county. The appeal shall be taken and perfected in the following manner, and not otherwise:

"1. The party desiring the appeal from the action of such board of equalization may cause a notice, to be signed by himself or attorney, to be filed with the county clerk of the county within five days, excluding Sunday, from the time

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