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SENECA SUSTAINABLE ENERGY v. DEPT. OF REV.

(TC 5193, 5208)(SC S064613).

429 P.3d 360 (2018)

363 Or. 782

SENECA SUSTAINABLE ENERGY, LLC, Plaintiff-respondent, v. DEPARTMENT OF REVENUE, State of Oregon, Defendant-Appellant, and Lane County, a Political Subdivision of the State of Oregon, Defendant.

Supreme Court of Oregon.

November 8, 2018.

Attorney(s) appearing for the Case

Daniel Paul, Assistant Attorney General, Salem, argued the cause for appellant. Robert M. Wilsey and Daniel Paul, Assistant Attorneys General, filed the briefs. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Cynthia M. Fraser, Garvey Schubert Barer, Portland, argued the cause and filed the brief for respondent. Also on the brief was John C. Rothermich.

Before Walters, Chief Justice, and Balmer, Kistler, Nakamoto, Duncan, and Nelson, Justices.

In this direct appeal from the Regular Division of the Tax Court, the Department of Revenue argues that the Tax Court erred in concluding that it had jurisdiction to consider a challenge brought by Seneca Sustainable Energy LLC (Seneca) to the department's determination of the real market value of Seneca's electric cogeneration facility...

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