NPTR: Alert #273: Tax Revolt Court Hearing Update

[Wayne Fischer]

TAX REVOLT COURT HEARING
UPDATE
 
ALERT:#273
DATE:June 17, 2013
TO:Incline Village & Crystal Bay
Property Owners
FROM:Village League Tax Revolt Committee
 
Dear
Incline Village & Crystal Bay Property Tax Protesters,
 
On
Friday, June 14, The Village League, representing the residents of Incline
Village and Crystal Bay, appeared in the Court of Judge Patrick Flanagan to
continue its pursuit of the illegal and unconstitutional taxes paid for the tax
years of 2003/04, 2004/05 and 2005/06.
 
The
initiation of this hearing was due to the State Board of Equalization’s
decision, aided and supported by Washoe County, to re-assess all properties
back to 2003/04. Of course, a reassessment is neither practical nor, in our
opinion, legal.  What we want is
simple---go back to the base of 2002/03 which was the last time legal and
constitutional methods were used and then reimburse us the difference up to
2006/07 when the County Board of Equalization, the State Board of Equalization,
the District Court and the Supreme Court all affirmed a resetting of 2006/07
values to their constitutional 2002/03 levels.  Payments of refunds to Incline Village/Crystal Bay taxpayers in excess
of $44 million including interest are almost completed.  
 
Some
75 Incline Village/Crystal Bay residents packed the courtroom while another
50-60 had to stand in the doorways to hear the arguments.  This great turnout could not help but
demonstrate the interest and support of Incline Village/Crystal Bay property
owners and taxpayers.  We can't thank the
attendees enough---united we stand.
 
The
only decision that was taken at the hearing was to allow one of our attorneys,
Norm Azevedo, who has previously and successfully represented some Incline
Village/Crystal Bay residents, to represent those residents separately in this
hearing.  He argued that those residents
cannot be reassessed since the Supreme Court has already ruled in their favor
and refunds back to 2002/03 paid.  Of course,
that leaves them unequal to the rest of the residents—a situation which, in and
of itself, yields inequality and unconstitutionality.  This was a big decision in our favor.
 
As
to the rest of our arguments, Attorneys Azevedo and Suellen Fulstone did a
tremendous job.  They were well-prepared,
presented our case in a logical and effective manner, and effectively rebuffed
the other side's arguments.  The only
crowd reaction of the 2 ½ hours session came when the attorney representing the
County said that the outcome of a reassessment was unknown and could actually
result in lower values for Incline Village/Crystal Bay property owners.  The unlikelihood of such an outcome drew a
chorus of guffaws and chuckles calling on the judge to admonish the attendees
to observe proper decorum.  The State
Board made no secret of its intention that its reassessment order should result
in raising taxes not lowering them. 
 
The
Judge has now taken the arguments under submission.  We hope for a decision soon, possibly in the
next few weeks.  The most desirable
outcome would be to have this whole mess remanded to the State Board of
Equalization with an admonition to do it right this time.
 
Stay
tuned!
 
Sincerely,
Chuck Otto,Public Relations
Village League to Save Incline
Assets
www.NevadaPropertyTaxRevolt.org
 
---------------------------------
 
Village League to Save Incline Assets
Board Members:
- Maryanne Ingemanson,President
- Dale Akers, Historian
- Les Barta,Law
Research
- 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
www.NevadaPropertyTaxRevolt.org
 
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