Clapp v. Green

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding a PPA is an intangible asset and thus the PPA’s value is not subject to ad valorem taxation
• noting that the 2015 amendments to ORS 306.126 “change[d] the definition of [taxpayer’s] property from ‘principal industrial property’ to ‘state-appraised industrial property’”
• “Seneca’s property tax bills * * * were improp- erly inflated if the department’s real market value deter- mination was erroneous.”
• “Because the rates set out in the power purchase agreement are significantly above the market rates, the power purchase agreement simply does not reflect the income Seneca’s cogeneration facility may reasonably be expected to produce on the assessment date and thereafter.”
• “[I]t is not clear to us that there is a legitimate distinction to be drawn between taxing a contract itself and taxing, essentially, the effect of a contract on revenue, when the revenue earned is dependent on and determined by terms unique to that contract.”

Source: CourtListener parenthetical corpus (CC0).