NPTR: Alert # 103 - Supreme Court Report

Fri Jun 16 15:25:40 PDT 2006

Alert #103

  Village League 
                                          Tax Revolt

                                                                               June 16, 2006

  WE BURIED ‘EM – WE BURIED ‘EM

  The words of an exultant Chuck Otto, a Board Member of the Village League, at the close of our Supreme Court hearing June 15, 2006.  His feelings mirrored the thoughts of the 200+ attendees in the standing room only courtroom.  Our attorneys did a superb job of representing our position; however, the opposition’s attorneys suffered a total meltdown.

  Of course, it is hard for the attorneys representing the Washoe County Assessor, the State Board of Equalization or the Nevada Tax Commission to argue a case convincingly, when the law, the facts and the logic are all on our side.  That became increasingly evident during the proceedings.  Every one of the six Justices present asked numerous questions of the attorneys.
  Our team was great!!! Their team was not.

  Justice Maupin, the seventh Justice, had recused himself as he owns property in our area; but it seemed highly likely, that four of the six remaining Justices were sympathetic to our cause.

  OUR THANKS TO YOU

  It was so important to have a presence at this hearing.   We asked you for help.  You answered our plea, and then some.  The Justices seemed stunned at the size of the gallery.  They were expecting a group, but had no idea how many of us there would be.  Standing room only was what developed, as well as a hearing that lasted for 90 minutes instead of the planned 15 minutes per side.

  The Supreme Court’s decision, the evening before, to allow live TV coverage in the court during the hearing was an amazing development.  That was an almost unheard of turn of events.  All three TV Channels were there in force, as well as reporters from the print media.

  Our thanks to all of you who came to stand shoulder to shoulder with us, and to all of you who were supporting us in your thoughts.  Everything helped.  We feel that this opportunity to present our cause to the highest court in Nevada was a huge success.

  Senator Randolph Townsend has been, and continues to be, of enormous help in guiding our efforts.  Even though he had another conflicting meeting, he was in attendance throughout the entire Supreme Court hearing. 

  DO YOU HAVE THIS QUESTION TOO?

  Many emails have been received questioning how the 17 individual cases that were before the Supreme Court at this hearing affect all of the 8700 properties in Incline Village/Crystal Bay.  The answer is as follows:
  ·        Washoe County and the State of Nevada were appealing the Order of District Court Judge Maddox to the Supreme Court.  In his Decision the Judge ruled that the 17 Petitioners were deprived of equal and uniform taxation by the Washoe County Assessor, which was not equalized by the State Board of Equalization nor corrected by the Nevada Tax Commission.   Therefore, the tax assessments of those 17 properties should be “rolled-back” to the amount of their assessed value in the 2002-2003 tax year, and refunds plus interest would be due those property owners. 
  ·        Should the Supreme Court uphold the Judge’s ruling, and allow his Order to stand, then those 17 properties will be out of equalization with the rest of the 8700 parcels in Incline Village/ Crystal Bay.
  ·        The Nevada Constitution promises “uniform and equal” taxation for the citizens of our state.  Should the 8700 other Incline Village/Crystal Bay property owners not receive the same adjustment to their assessed values, (a “roll-back” to 2002-2003), then the result would be unconstitutional.  
  ·        The Village League presented the same situation to the Washoe County Board of Equalization. The Board made the decision last March, at the direction of the Supreme Court, to “roll- back” all of the 8700 parcels to 2002-2003 to achieve equalization within our geographic area.  The Washoe County Assessor has appealed that County Board decision to the State Board of Equalization.
  ·        If Judge Maddox’ Order is allowed to stand by the Supreme Court, then the State Board would be ill-advised to overturn the equalization ruling by the County Board, for the 8700 properties. 

  Therefore, the fate of the tax assessments for the 8700 is in the Decision that the Justices will make for the 17 cases that were heard on June 15th. The entire tax situation is very convoluted and confusing.  However, I hope the explanation helps to somewhat clarify our current position. 

  WHEN WILL WE KNOW?

  Chief Justice Robert Rose addressed the gallery at the close of the hearing.  He praised their decorum, explained the procedures that are followed in the Supreme Court’s analysis of a case before their decision is issued, and stated that a ruling would be forthcoming in 60 to 90 days. 

  Of course we will keep you apprised of events as they occur.  We still have three more pending lawsuits to conclude; and as you all know,
  “It is never over, until it’s over!!!”

  Keep the faith .

  Sincerely,

  Maryanne
           Maryanne Ingemanson, President

  Village League to Save Incline Assets Board Members:
  Maryanne Ingemanson, President
  Dale Akers, Historian 
  Les Barta, Law Research
  John Carney, Analyst
  Wayne Fischer, Webmaster
  Ted Harris, Tax Revolt Committee Chairman
  Todd Lowe, Financial Analyst 
  Chuck Otto, Public Relations

  Village League to Save Incline Assets, Inc. – an approved non-profit organization – FEIN 88-0399029
  1165 Vivian Lane - Incline Village, Nevada  89451 - telephone - 775-831-4011 - fax - 775 – 831-0325
  E-mail - mingemanson at charter.net

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