NPTR: Alert 146: A Letter to Washoe County DA Richard Gammick

Sun Oct 14 20:19:47 PDT 2007

*A Letter to Washoe County DA Richard Gammick*

*ALERT: *#146
*DATE:* October 14, 2007
*TO: *Incline Village & Crystal Bay Property Owners
*FROM: *Village League Tax Revolt Committee

*Dear Incline Village & Crystal Bay Property Owners,*

The following letter was written by William H. Silcox to the Washoe 
County District Attorney, Richard A. Gammick.  The board members of the 
Village League thought the letter was so good, that all of you should 
read it. The points that Mr. Silcox makes reemphasize the difficulties 
that we are trying to resolve.

His letter was forwarded to Attorney, Suellen Fulstone, Esq. by the 
office of the Washoe County District Attorney, so will start with that 
letter first.

Best Regards,
*Wayne Fischer, *Webmaster
Nevada Property Tax Revolt Web
www.NevadaPropertyTaxRevolt.org

=========

*October 11, 2007

Suellen Fulstone, *Esq.
Littler Mendelson, P.C.
50 West Liberty Street, Ste. 400
Reno, NV 89501
*
Richard A. Gammick*
Washoe County District Attorney
P.O. Box 30083
Reno, NV 89520-3083

*Re: William Silcox

Dear Ms. Fulstone:*

    Enclosed with this letter please find correspondence from Mr. 
William Silcox.  This gentleman is a residential real property owner in 
the Incline Village area.  I am forwarding these letters to you because 
I believe that he is represented by your firm as a member of the 
putative class alleged in the 2003 lawsuit that you filed.  I have not 
responded to these letters.  One letter was sent to Mr. Richard Gammick, 
the Washoe County District Attorney and one to Mr. Josh Wilson, the 
Washoe County Assessor.

    Please take whatever steps you feel are necessary.  I did not feel 
comfortable contacting this gentleman directly in light of the pending 
litigation.

Sincerely,

/*RICHARD A. GAMMICK*/
District Attorney

By:  (signature)
Terrance Shea
Deputy District Attorney

CC: Richard Gammick, Joshua Wilson, William Silcox

===============

*Aug 9, 2007

William H. Silcox*
PO Box 4532
Incline Village, NV 89430

*Richard A. Gammick*
District Attorney, Washoe County
PO Box 30083
Reno, NV 89520

*Dear D.A. (Gammick),*

The Nevada Supreme Court on December 28, 2006 (Affirmed an Order) which 
was filed as an appeal (by the Washoe County Assessor) from a District 
Court ruling granting petitions for judicial review and complaint for 
relief under NRS 361.420 and overturning a decision of the Nevada State 
Board of Equalization regarding real property located in Washoe County. 
The case had been heard in the First Judicial Court, Carson City, Judge 
William A. Maddox, presiding.

Your office, including you, District Attorney Richard A. Gammick and 
Washoe County Deputy District Attorney E. Terrance Shea, represented the 
appellants Washoe County and the Washoe County Assessor, who appealed 
this District Court's ruling to the Supreme Court.

The conclusion reached on this appeal by the Nevada Supreme Court was 
that "those methodologies (used by the Washoe County Assessor, Robert W. 
McGowan) are unconstitutional however, because they are inconsistent 
with the methodologies used in other parts of Washoe County and the 
entire state.  Therefore, for reasons discussed above, we affirm that 
District Court order". Justices Rose, C.J., Beckel, Gibbons, Douglas, 
Parraquirre, and Hardesty J.J., concur.

"The District Court Order" confirmed that the Washoe County Board of 
Equalization's decision to "roll the taxable values of residential 
parcels in Incline Village and Crystal Bay to 2002/2003 values was correct".

Now the question that comes to mind is, why would you, the District 
Attorney of Washoe County take the side of the Washoe County Assessor 
against the Washoe County Board of Equalization in favor of the Washoe 
County Assessor (R. W. McGowan) on an appeal before Judge William A. 
Maddox in the first Judicial District Court, Carson City?

This whole matter was precipitated by a group of Incline Village / 
Crystal Bay citizens' appeal before the Washoe County Board of 
Equalization on March 8, 2006.  The Washoe County Board of Equalization 
ruled that the taxable values on residential parcels in Incline Village 
and Crystal Bay be rolled back to 2002/2003 values.

Apparently, under your guidance, the Washoe County's Board of 
Equalization's decision was appealed to the Nevada State Board of 
Equalization, the Nevada First Judicial District Court, and finally the 
Nevada Supreme Court.  Other than the Nevada State Board of 
Equalization, the Washoe County Board of Equalization decision was 
upheld by the First Judicial District Court and the Nevada State Supreme 
Court.

Bob McGowan, the Washoe County Assessor was using "unconstitutional 
methodologies".  Why didn't you as District Attorney for all of Washoe 
County take the side of the Washoe County Board of Equalization, (hence 
the citizens of Incline Village and Crystal Bay) instead of the Washoe 
County Assessor?

Why give the Washoe County Assessor preferential treatment?

Especially when he was using "unconstitutional methodologies", which the 
Washoe County Board of Equalization could figure out, but your office 
couldn't?  After all you are a lawyer.

Is using or doing "unconstitutional" methods the same as breaking the 
law?  If so are charges against the then assessor McGowan and the now 
assessors Josh Wilson, who determined to ignore the  decision of the 
Nevada Supreme Court by not abiding by the Dec. 28th ruling, to be 
initiated?  If so when?

Please advise.

*William H. Silcox*
PO Box 4532
Incline Village, NV 89450
Incline Village parcel No. 131-225-15

CC: Josh Wilson

*PS. *   Are you taking action to see that legal "methodologies" are 
used by the assessor?

*PPS.  *  What did it cost us, the citizens of Washoe County, to have 
you defend "unconstitutional" activities?

*PPPS. *   If we, the citizens of Washoe County, the Washoe County Board 
of Equalization, the First Judicial District Court and the Nevada 
Supreme Court, could figure out that what Assessor McGowan was doing was 
wrong (and subsequently ruled unconstitutional) why couldn't you?  As 
District Attorney, you must have some idea of what is legal and what is 
illegal?

*PPPPS.*  How long is it legal to not act on decisions of the Nevada 
Supreme Court? The assessor's decision, that only the 17 IV & CB 
citizens that were represented at the NV Supreme Court, was over ruled 
by the Nevada Supreme Court this week. All are eligible!

And yet good old Josh continues to stall -- what will Josh do next?  Or 
you, for that matter?

*PPPPPS. * Who *does *enforce the law in Washoe County?

*PPPPPPS.*  Why did you appeal Judge William A Maddox's decision?  Do 
you know the law better than the Judge?

Please Advise.

===================

*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,
    * Chuck Otto, Public Relations

*Village League to Save Incline Assets, Inc.*
Non-Profit Corporation - FEIN 88-0399029
1165 Vivian Lane, Incline Village, NV 89451
Phone: 775-831-4011, Fax 775-831-0325
Email: mingemanson at charter.net

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