State joins fray over Historical Society

Mail Tribune (Medford, OR — Wayback)

2002-10-28

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State joins fray over Historical Society By DANI DODGE The legal battle between the Southern Oregon Historical Society and Jackson County has another boxer in the ring: the state. Judge Mitchell Karaman ruled that the state Department of Revenue has an interest in the outcome of the case and will be allowed to make arguments. Right now the state is trying to get the lawsuit out of the local circuit court and into a state tax court in Salem. "There are statewide implications to this decision and that's why the Oregon Department of Revenue wants the case decided in tax court," said Kristen Grainger, executive assistant to Attorney General Hardy Myers. "There may be other local jurisdictions that have similar charters or ordinances or rules that might then be challenged based on the outcome of this. "What might be better for the state as a whole is to have it in tax court where it can answer (the question) for a number of jurisdictions." In February, the Southern Oregon Historical Society filed a lawsuit against the county on behalf of all the historical societies in the county. The lawsuit demands that the county give the historical societies money - 25 cents per thousand of assessed property value - approved in 1948 by voters in a 1948 continuing levy. The society estimates the levy brings in $2.2 million a year. But the county contends the Measure 50 property tax limitation measure approved by voters in 1997 took all existing levies and rolled them into the county's general fund. The county's budget committee gave the historical societies $1.4 million this year, the same as the previous 2000-01 fiscal year. The 2000-01 historical society budget, though, was cut 14 percent from the year before. Brad Linder, the executive director of the Southern Oregon Historical Society, said his organization is objecting both to the inclusion of the state in the lawsuit and the possible move into state tax court. The judge included the state in the case June 21. "We're trying to keep it a local issue rather than a statewide issue," Linder said. "The department thinks if it goes our way it will open a can of worms for them, but we aren't trying to throw (Measure) 50 out the door - this is a local issue relating to the 1948 vote." County Counsel Mike Jewett said he is pleased the state has intervened in the case. "It couldn't hurt," he noted. Although if the state's motion to move the case to tax court is granted, it could prolong the case. Linder said the earliest he expects a circuit court hearing is September. If the case lands in state tax court, it could be months later. Asked if the case would be concluded prior to the next county budget hearing, Linder shrugged: "Who knows?" "We'll probably have at least one hearing, but who ever loses that first round could very well take it to the court of appeals and that's a whole other round of the system." Reach reporter Dani Dodge at 776-4471, or e-mail [email protected]     Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.