NPTR: Alert #236: Bakst to the Supreme Court

[Wayne Fischer]

Bakst to the Supreme Court
 
ALERT:#236
DATE:April  22, 2010
TO:Incline Village & Crystal Bay Property Owners
FROM:Village League Tax Revolt Committee
 
Dear Incline Village &
Crystal Bay Property Tax Protesters,
 
As the Bonanza Newspaper reported
today (1), the district court was unable to cope with the Supreme Court’s
requirement to order property tax equalization and punted. Having failed to
specify how our assessments should be equalized, the court decided to do
nothing.  So the matter is on its way back
to the Supreme Court once again.
 
Let’s not forget that this whole sorry
saga began eight years ago when Assessor Bob McGowan dreamed up special
techniques leading to sky rocketing assessments for Incline Village and Crystal
Bay that were far higher than those of our Tahoe neighbors to the south.   When Alvin Bakst compared his property taxes
to those paid elsewhere the tax revolt began and the “Bakst” lawsuit was filed. 
 
Let’s not forget that the Supreme
Court declared those assessments and the resulting excess taxes
unconstitutional in its Bakst decision and scripted equalization for the 17
plaintiffs. Because the same conditions affected all residential assessments
here, during 2003 the Village League sought to obtain the same relief for
everyone. That lawsuit, like most we have filed, has meandered through many
courts and judges. And now, some 7 years later, the simple and obvious justice
needed to resolve this case has been stalled once again.
 
Let us not forget that the Supreme
Court’s Bakst decision has also been applied to the 2004 and 2005 tax years,
resulting in refunds and interest for various groups of Incline Village and
Crystal Bay taxpayers.  And it has
effectively been applied to everyone for the 2006 tax year as well by Judge
Brent Adams.
 
This recent district court order
relates to the effort by the Village League to get Bakst applied for all
taxpayers impacted by Washoe County’s unconstitutional assessments in the 2003
and 2004 tax years.  And while the
Bonanza reported the Washoe County District Attorney whimsically dreaming that
the decision “closes the door” on this dispute, no door will be shut. The means
to equalize our taxes has already been established and applied. The District
Court plainly and simply failed to do what the Supreme Court specifically
instructed it to do. The Village League must now appeal the District Court’s
unfortunate order back to the Supreme Court. 
 
The amount of money being expended in
this battle to correct the unfair, unequal, unconstitutional, non-uniform and
null and void property taxes assessed by Washoe County since 2002 is enormous.
The Washoe County Commissioners and the District Attorney seem to have become
blinded to the fact that continuing to file countless frivolous lawsuits to
stall the payment of the refunds, that have already been ordered by the court,
is burdening all of the taxpayers of the entire County with tens of thousands
of dollars in legal fees plus a million dollars a year in interest.
 
There are twelve legal actions still
pending and waiting for decisions in various courts. We will keep you notified
as these rulings are made available.
 
Sincerely,
 
Les Barta, 
     Village League Board Member
Todd Lowe,
     Village League Board Member
Maryanne Ingemanson,
     President of the Village League and Board
Member
 
Footnote (1):To read the referenced article please
visit:
www.NevadaPropertyTaxRevolt.org/pages/NewsArticles.html
or http://www.tahoebonanza.com/article/20100420/NEWS/100429993/1061&ParentProfile=1050
 
---------------------------------
 
Village
League to Save Incline Assets Board Members:
-
Maryanne Ingemanson,President
-
Dale Akers,
Historian
-
Les Barta,Law Research
-
John Carney,Analyst
-
Wayne Fischer, Webmaster
-
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
 
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