NPTR: Alert #16: Time Critical Response to Attorneys

[Wayne Fischer]

Date: May 6, 2003

Alert #16:  Time Critical Response to Attorneys

Dear Property Owners,

This time critical response is to those of you who have filed an appeal to 
the State Board of Equalization, through our attorneys, Norman Azevedo and 
Elaine Guenaga.  They have run into a major road block with the Nevada 
State Board of Equalization.  Norm and Elaine need a response from you by 
noon on Wednesday (May 7th), if you don't want them to take then necessary 
action.  See their letter below.

Sincerely,
Ted Harris, Chairman
Nevada Property Tax Revolt Committee
The Village League To Save Incline Assets
775-831-3914   tedgh at nvbell.net

PS.  If you have troubles reading the following letter, go to our web site, 
home page, for the same letter.  www.NevadaPropertyTaxRevolt.org

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AZEVEDO & GUENAGA
338 California Avenue
Reno, Nevada 89509
(775) 329-6770
(775) 329-6825 (fax)
Em: aglawoffices at sbcglobal.net
Web Site: www.NevadaTaxLawyers.com


May 6, 2003


Re:     Status of Appeals to State Board of Equalization

Dear Client:

         On April 16, 2003, Notices of Hearing and Notices of Appearance 
were sent out by staff for the State Board of Equalization ("State 
Board").  These Notices stated that only 15 minutes would be given for the 
presentation of legal arguments as to an overall presentation for all of 
the cases.  This was despite our request for additional time to make the 
overall presentations prior to the issuances of the Notices, as the 
presentation of the overall arguments took 2 full days before the Washoe 
County Board of Equalization ("County Board").  After we received copies of 
the Notices, we sent another letter to the Secretary for the State Board, 
Chuck Chinnock, who is also the Executive Director of the Department of 
Taxation.  This letter again requested more time for our presentation, on 
principles of due process, opportunity for a full and fair hearing, and 
equality and consistency in treatment of all taxpayers.  The response we 
received gave no assurances that additional time would be given, but 
instead offered 1 hour 45 minutes for the overall presentation, and the 
possibility that the State Board would allow additional time if it thought 
that was necessary.

Another letter was sent yesterday to Mr. Chinnock, asking for either a 
guarantee of additional time, or the opportunity to appear before the State 
Board at its May 9, 2003 meeting to have the State Board make a decision on 
that date to allow the additional time for the overall presentation.  We 
have not yet heard back from Mr. Chinnock.

This letter is to make you aware of the current situation.  Additionally, 
there is a possibility that we will have to resort to going to district 
court in order to compel the State Board to allow sufficient time for the 
presentation of all of your cases.  We feel this is necessary to ensure 
that you have a fair hearing, and getting the district court involved may 
be the only way to ensure that.  Unless we hear from Mr. Chinnock today or 
tomorrow, with a satisfactory offer regarding the scheduling of the overall 
argument, a petition for a writ of mandate and a motion for a temporary 
restraining order and injunction will be filed in district court in Carson 
City.

Please respond by a short email or a telephone call at 329-6770 to let us 
know if you agree to filing the action in district court.  You will not be 
charged any additional fees for this proceeding in district court, as it 
would be included in the administrative proceedings for the State Board 
phase.  If we do not hear from you by noon, Wednesday, May 7, 2003, we will 
include your name as a plaintiff, and if we hear from you after that time 
and date that you do not wish to be included as a plaintiff, we will amend 
the pleadings to remove your name.

                                                 Sincerely,


                 ____________________________
                                                 Norman J. Azevedo, Esq.
                                                 Elaine S. Guenaga, Esq.


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