NPTR: Alert #167: Tax Revolt Status Update

[Wayne Fischer]

*Tax Revolt Status Update*

ALERT: #167
DATE: March 12, 2008
TO: Incline Village & Crystal Bay Property Owners
FROM: Village League Tax Revolt Committee

*Dear Incline Village & Crystal Bay Property Taxpayers,*

Following is an update on many of the issues associated with the Tax 
Revolt.  This message is somewhat long, but we thought that all of you 
would appreciate knowing where we are with this huge effort and 
understanding the "wait and see" mode that we are in at this point in time.

*State Board of Equalization*
We would like to thank everyone who filed an appeal to the State Board 
of Equalization (SBOE) by the deadline, mandated by Nevada Statues, on 
Monday, March 10th.   Over 900 individual appeals plus a Class Petition 
were processed by Attorney Suellen Fulstone, plus those appeals that 
were filed directly with the SBOE.  Hopefully, the State will provide us 
with a complete list of Petitioners in the near future.

Some emails have been received questioning why individual petitions were 
not automatically filed by the League.  Nevada Statues mandate that each 
petition must be completed and signed by the property owner.  "Class 
Petitions" were also filed to the SBOE on behalf of every property owner 
in Incline Village and Crystal Bay. The County Board of Equalization 
(CBOE) had refused to hear those cases as they claimed that they did not 
have "jurisdiction".  Currently, the Incline Village and Crystal Bay 
appeals are scheduled by the SBOE to be heard toward the end of August.

*Nevada Supreme Court*
Many of you attended a double Supreme Court hearing in mid January.  We 
are hoping that the Justices will issue their "written decision" on 
those two cases in the near future. We have to wait patiently for what 
we anticipate will be a favorable ruling.  
 
The cases currently under submission at the Supreme Court are an appeal 
by the Assessor and the State to deny a lower court Order, (which we 
won), to roll-back the 2004-2005 tax years to the 2002-2003 assessed 
land values, and a Writ of Certiorari/Mandamus to roll- back all of the 
2006-2007 Incline Village and Crystal Bay land values to their 2002-2003 
assessed valuation, (which we had also previously won). Also, a 2003 
case awaits a decision as to the taxpayers' ability to appeal directly 
to court if constitutional rights have been affected.  

If the Nevada Legislature maintains the current 3% or 8% tax cap, we 
will be protected from hugely escalating property tax increases for 
years to come.

*Lower Nevada Courts*
We also have multiple cases filed in the lower Nevada District Courts.  
The key purpose of these cases is to continue to expose the "broken tax 
system" and the Illegal appraisal methods that Washoe County and the 
State are continuing to use, in addition to getting relief for Incline 
Village and Crystal Bay property owners.

*Some of them are:*
 >> 2005-2006 -- Three (3) cases protesting the illegal appraisal 
methods used in determining land valuations for 1200 Appellants; as well 
as, relief from the 8% factor applied to increase land assessments.

 >> 2006-2007 -- Protesting the determination of the amount of 
Settlement Refunds paid to the 300 Petitioners who filed individual 
appeals. (The remaining 8700 Appellants are represented in one of the 
cases currently under submission at the Supreme Court).

 >> 2007-2008 -- Appealing the incorrect "factor" of 15% used in the 
calculation of land assessment values.

 >> 2007-2008 -- Protesting the "Settlement" valuation accepted by the SBOE.

 >> 2007-2008 -- Civil Rights (due process) violations are highlighted.  
Four members of the SBOE are individually named in this case.

Other cases are also pending.

*Nevada Tax Commission Regulation Hearings*
The powers to be at the Nevada Tax Commission, as well as some of the 
appraisers at the Washoe County Assessor's Office (you can guess which 
ones) are trying their best, behind the scenes, to change specific 
regulations to prevent areas like Incline Village and Crystal Bay from 
mounting major efforts to challenge their "unconstitutional & illegal" 
appraisal methodologies.

Les Barta, Maryanne Ingemanson and Todd Lowe have attended hearings over 
the last few years to "keep an eye" on attempts to circumvent our 
efforts in as many ways as possible.   More of these hearings are 
scheduled in the next 4 months.  We will let you know about significant 
events as they occur.

*Tax Revolt War Chest*
Overall, we believe we are winning the battle against the Washoe County 
Assessor and the Nevada Tax Commission, who think they can do as they 
please with respect to collecting our hard earned dollars and with 
forcing retirees out of their homes by collecting unfair and illegally 
determined amounts of taxes.  In about two months we may be requesting 
additional donations. Remember, it takes a "Village" to fight this very 
tough war!!!

*In a Wait Mode for Now*
As you read the above, you will realize that we are in a wait mode on 
several fronts, particularly the SBOE hearings and the written decision 
of the Supreme Court. Our suggestion is for you all to enjoy the spring 
and early summer as best you can, be patient and stay tuned for our 
Alerts as they will be less frequent for awhile.  If you think you have 
missed any Alerts, you can easily go back and read them all.

Just visit: www.NevadaPropertyTaxRevolt.org and click on the *Alert 
Archive* link in the navigation bar of our home page.

/*Thank you all for your support.  We are winning one step at a time.*/

Sincerely,

*Maryanne Ingemanson,* President
Village League to Save Incline Assets, Inc
www.NevadaPropertyTaxRevolt.org

---------------------------------

*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
www.NevadaPropertyTaxRevolt.org

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