Wy'East Color, Inc. An Oregon Corporation - Page 31

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          value to attribute to this fact.  We are not convinced that it              
          added more than a minimal amount, if any.                                   
               Petitioner criticizes Pietka's assumption that petitioner              
          paid all of the expenses including real estate taxes.  However,             
          petitioner did not prove otherwise.  Mr. Cummings' testimony that           
          he paid the real estate taxes differs from his testimony in a               
          prior unrelated case before the Oregon Tax Court.  In the Oregon            
          Tax Court case, Mr. Cummings testified that petitioner paid the             
          real estate taxes on the 4200 S.W. Corbett St. property.  We make           
          no finding as to who paid those taxes.7                                     
               Petitioner offered documents showing that Mr. Cummings spent           
          about $100,000 for repairs in the spring of 1994.  The documents            
          were not admitted because they were exchanged too late (1 week              
          before trial).  About 5 months before this case was calendared              
          for trial, we sent a copy of the Court’s standing pretrial order            
          to the parties.  The standing pretrial order stated in part:                
          “Any documents or materials which a party expects to utilize in             
          the event of trial (except for impeachment), but which are not              
          stipulated, shall be identified in writing and exchanged by the             
          parties at least 15 days before the first day of the trial                  
          session.”                                                                   
               Materials not provided in compliance with our pretrial                 
          orders are not admitted into evidence.  Rule 104(c)(2); see                 

               7 See supra note 7.                                                    




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