October 24th, 2013 | by AARON MESH News | Posted In: City Hall, Cops and Courts

Boo! Both Arts Tax Lawsuits Are Undead

study_after_velazquez27s_portrait_of_pope_innocent_xStudy after Velazquez’s Portrait of Innocent X - Francis Bacon

Here's a Halloween chill for City Hall, local schools and arts nonprofits: Both legal challenges to the Portland Arts Tax are still alive in the courts.

WW reported last week that Oregon Tax Court is weighing Jack Bogdanski's appeal of his lawsuit against the tax.

But that's not the only suit currently being appealed: Northwest Portland resident George Wittemyer has also appealed his dismissed lawsuit in Multnomah County Circuit Court. And Bogdanski has filed an evidential brief in that suit, too.

Bogdanski, the Lewis & Clark Law School professor and erstwhile blogger known as Bojack, tells WW he's a long way from conceding—even though Mayor Charlie Hales has begun distributing money from the $35-a-person tax voters passed last November.

"We're far from being finished," Bogdanski says. "They've spent the money. There's only so much you can do to talk sense to those guys."

Both Wittemyer and Bogdanski filed their appeals in August. Wittemyer declined comment to WW.

In Oregon Tax Court, Judge Henry C. Breithaupt is currently considering the city's motion to dismiss Bogdanski's suit. City attorneys are again arguing the case is outside the Tax Court jurisdiction, a winning argument this summer.

But Bogdanski says he may file a jurisdictional appeal with the Oregon Supreme Court.

"These things can take a long time," Bogdanski says. "I don't know if we'll have this resolved by next year's filing season."

WW news intern Ravleen Kaur contributed to this report.

 
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