Linstrom v. Lincoln County Assessor
CourtOregon Tax Court
Date FiledNovember 10, 2026
DocketTC-MD 260092G
JudgeLundgren
StatusUnpublished
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Full Opinion
IN THE OREGON TAX COURT
MAGISTRATE DIVISION
Property Tax
JERRY LINSTROM, )
)
Plaintiff, ) TC-MD 260092G
)
v. )
)
LINCOLN COUNTY ASSESSOR, )
)
Defendant. ) DECISION OF DISMISSAL
Plaintiff appealed the 2025-26 real market value of property identified as Account
Number R61258 (subject). At trial, Plaintiff appeared pro se and testified. Defendant was
represented by its appraiser, Nicholas Kolen. Plaintiff’s Exhibits 0, 1, 3 to 19, and 21 were
admitted, and Defendant’s Rebuttal Exhibit C was admitted.
I. FACTS
The subject is undeveloped land along the Siletz River, improved with a shed, a fence,
and a dock with a walkway and a ramp, and served with water and electric utility connections.
(Ptf’s Ex 1 at 1–2.) The subject’s real market value on the 2025-26 tax roll is $111,810. (Ptf’s
Ex 12 at 1.) Plaintiff requests the court reduce that value to $61,188. (Compl at 1.)
As evidence of value, Plaintiff presented a brief summary of a “cost approach.” (Ptf’s
Ex 1 at 1–2.) Plaintiff calculated the subject’s land value by averaging per-square-foot values
derived from Defendant’s records of four other properties (ranging from $2.69 to $15.08 per
square foot), multiplying the resulting $9.22 by Plaintiff’s preferred square footage for the
subject, and applying a discount. (Ptf’s Exs 1 at 1; 11 at 1–5.) Plaintiff’s summary states he
used Marshall & Swift cost factors to determine the amount of that discount and the
improvement value. (Ptf’s Ex 1 at 1–2.)
DECISION OF DISMISSAL TC-MD 260092G 1 of 4
Plaintiff’s remaining evidence and testimony alleged errors in Defendant’s records for the
subject. Specifically, he alleged errors concerning the subject’s class code and classification as
“residential” rather than “riverfront,” the characterization of the subject’s potential for obtaining
septic approval, and the square footage of the entire subject, as well as of the walkway, ramp,
and dock. (Ptf’s Ex 3 at 1.) Plaintiff also testified to errors and inconsistencies between
Defendant’s records and evidence presented by Defendant at the property value appeals board.
II. MOTION TO DISMISS
At the close of Plaintiff’s case-in-chief, Defendant moved to dismiss for lack of sufficient
evidence to bear Plaintiff’s burden of proof and the court granted the motion. An explanation of
that ruling follows.
Motions to dismiss during trial are considered under either TCR 54 B(2) or TCR 60. 1
TCR 54 B(2) is modeled on ORCP 54 B(2), 2 which permits trial courts to dismiss claims during
trial after weighing the evidence, resolving conflicts within it, or disbelieving it. Venture
Properties, Inc. v. Parker, 223 Or App 321, 340–41, 195 P3d 470, 483 (2008). Courts exercise
their power under that rule “sparingly” to allow adequate time for consideration. See id. at 341.
TCR 60 permits dismissal where the moving party has demonstrated that “the record
contains no evidence to support the nonmoving party’s claim or claims.” Freitag v. Dept. of
Rev., 18 OTR 368, 373-74 (2005) (quoted in Linstrom v. Dept. of Rev. (Linstrom X), 3 TC 5459,
2024 WL 1047322 at *1 (Or Tax Mar 11, 2024)). “Dismissal under TCR 60 is appropriate when
a plaintiff taxpayer ‘merely assert[s] that the county made certain mistakes,’ without offering any
1
Tax Court Rules (TCR)
2
Oregon Rules of Civil Procedure (ORCP)
3
Citations to Plaintiff’s prior cases are differentiated by Roman numerals corresponding to the order in
which they were decided.
DECISION OF DISMISSAL TC-MD 260092G 2 of 4
evidence supporting the taxpayer's own contended value.” Linstrom X, 2024 WL 1047322 at *1
(quoting Freitag, 18 OTR at 373–74).
The court reviews evidence “without any presumption as to the correctness of the
assessor’s valuation” on the tax roll. J. R. Widmer, Inc. v. Dept. of Rev., 261 Or 371, 378, 494
P2d 854 (1972); PacifiCorp v. Dept. of Rev., 25 OTR 227, 251 n 16 (2023) (noting Oregon
Supreme Court abolished the judicial presumption of assessment validity in 1972). Thus, a value
on a tax roll is not probative of market value; it must be supported by market evidence. Cf.
Linstrom v. Lincoln County Assessor (Linstrom IV), TC-MD 200147G, 2021 WL 871211
at *3 n 5 (Or Tax M Div Mar 9, 2021) (noting land value on tax statements unsupported without
“additional evidence”).
In this case, Plaintiff put forward a value calculation he called a cost approach. In a cost
approach, an improvements value is derived from market-based cost factors and a land value is
derived from other market evidence. Plaintiff reports that he used cost factors in reaching an
improvements value. However, an improvements value by itself does not establish the market
value of undeveloped land.
Plaintiff’s requested land value derives from measurements and values found on the tax
roll for other properties. Plaintiff does not support those figures with evidence drawn from
outside the tax roll. In effect, Plaintiff asks the court to assume—without evidence—that the tax
roll is accurate with respect to those other properties but not with respect to the subject. Plaintiff
gives no grounds for making that assumption, and the court does not presume the accuracy of
any tax roll. See J. R. Widmer, 261 Or at 378. Because Plaintiff’s land value for the subject is
not supported with evidence from the market, Plaintiff’s cost approach is not evidence of market
value.
DECISION OF DISMISSAL TC-MD 260092G 3 of 4
Plaintiff’s remaining evidence concerns alleged errors in Defendant’s records; it does not
show the subject’s real market value. As has been pointed out to Plaintiff more than once: “[I]t
is not enough for a taxpayer to criticize a county’s position. Taxpayers must provide competent
evidence of the [real market value] of their property.” Woods v. Dept. of Rev., 16 OTR 56, 59
(2002); Linstrom v. Lincoln County Assessor (Linstrom V), TC-MD 220086R, 2023 WL
3196495 at *5 (Or Tax M Div May 2, 2023); Linstrom IV, 2021 WL 871211 at *4.
III. CONCLUSION
Because no evidence of market value was adduced at trial, dismissal under TCR 60 is
appropriate. Now, therefore,
IT IS THE DECISION OF THIS COURT that Plaintiff’s Complaint be dismissed.
POUL F. LUNDGREN
MAGISTRATE
To appeal this Decision, file a complaint in the Regular Division of the Oregon
Tax Court. Appeals are accepted by electronic filing; by mail at 1163 State
Street, Salem, OR 97301-2563; and by hand delivery to 1241 State Street, Salem,
OR, Floor 4R.
Your complaint must be submitted within 60 days after the date of this Decision
or this Decision cannot be changed. TCR-MD 19 B.
This document was signed by Magistrate Poul F. Lundgren, and entered on
November 10, 2026.
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