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<div align="center"><font size=6 color="#FF0000"><b>OTHERS ARE WATCHING
US<br><br>
</b></font></div>
ALERT: #118<br>
DATE: January 11, 2007<br>
TO: Incline Village & Crystal Bay Property Owners<br>
FROM: Village League Tax Revolt Committee<br><br>
<b>Dear Incline Village & Crystal Bay Property Owners,<br><br>
</b>Ours is not the only area that is suffering under the burden of
over-taxation! The states of Idaho, Florida and New Hampshire and
others have been carefully following our efforts and reading our
Alerts.<br><br>
They are just as thrilled as we are over the incredible decision that was
issued by the Nevada Supreme Court last December 28, 2006.
<br><br>
I thought that you might enjoy reading a letter that I received from
Florida in that regard, as well as an article published in the Sandpoint,
Idaho newspaper.<br><br>
<font size=6 color="#FF0000"><b>FLORIDA<br><br>
</b></font>Dear Maryanne,<br><br>
I’ve just read the Nevada Supreme Court decision. They absolutely hit the
spot!<br><br>
Those methodologies are unconstitutional because they are inconsistent
with the methodologies used in other parts of Washoe County and the
entire state.<br><br>
And, it’s a compelling coincidence. The National Association of Realtors
Quadrennial Ethics Course and Exam includes a similar principle – so
relevant to Nevada, and to Florida. It’s that when professional practice
and the laws collide, the law prevails.<br><br>
I’m also a member of the International Association of Assessing Officers
editorial review committee. So I took some pleasure in forwarding a copy
of the decision to Chris Bennett, IAAO Director of Publications and
Marketing. And I’ve also sent it to Pete Sepp, at the National Taxpayers
Union.<br><br>
On behalf of a national client, CPS is involved in litigation, in several
Florida counties for exactly the same reason – our client’s assessments
do not comply with state law – in very specific ways. In effect,
the assessors are ignoring the very IAAO standards they are supposed to
apply – they are assessing intangible assets without making any effort to
follow our State’s definition of real property. The definition is in the
law – but they don’t pay attention.<br><br>
You’d think government officials would figure out that if the asset is
not land, and if the asset is not a building, and if the asset is not a
fixture attached to the land or the building, it’s not real property per
the law, and that should be that. But, while our 67 assessors have a
great deal of influence on our State laws – the regulatees (assessors)
tell the regulators (Florida Department of Revenue) what to do, a la
Enron – following the laws is quite another story. <br><br>
So, I applaud your efforts and cheer your success. Keep up the good
work. We are all watching the outcome of your efforts. <br><br>
Best regards,<br><br>
<b>Sheila M. Anderson<br>
</b>CPS – Principal/Broker<br>
Post Office Box 773609<br>
Ocala, Florida 34477-3609<br>
(352) 245-7441 Central Florida<br>
(305) 372-9200 South Florida<br>
<a href="http://www.floridapropertytaxappeals.com /" eudora="autourl">
www.floridapropertytaxappeals.com </a> <br><br>
<br>
<font size=6 color="#FF0000"><b>IDAHO<br><br>
</font><div align="center"><font size=5 color="#000080">GROUP PLANNING
LAWSUIT OVER PROPERTY TAXES<br><br>
</font><font size=4 color="#000080">STOP Claims State’s Appraisal Methods
Are Unconstitutional<br><br>
</b></font></div>
By R.J. COHN<br>
Staff writer<br>
<a href="http://www.bonnercountydailybee.com/" eudora="autourl">
www.BonnerCountyDailyBee.com<br>
</a>January 2, 2007<br><br>
SANDPOINT - In the wake of a Nevada Supreme Court ruling ordering the
Nevada Tax Commission to refund more than $30 million to property owners
stemming from “unconstitutional” appraisal methodologies, a Bonner County
grassroots organization seeking to overhaul the state’s tax law plans to
file a class action suit against Idaho.<br><br>
Bob Chenault, one of the chief organizers of Sensible Taxation of
Property, (STOP), said he expects the suit to be filed sometime in the
first quarter of 2007.<br><br>
“Our ultimate goal is to change the Idaho Constitution and how property
tax is determined and collected in this state,” said Chenault, who
unsuccessfully attempted to place a 1 percent property tax initiative on
the November ballot last year.<br><br>
“We want the Legislature to know we’re coming after them, and this class
action suit will be our calling card. What we want is to get rid of the
onerous interpretation of Idaho’s statutes by tax commissions and
assessors so there’s finally fair and equal treatment, which we’re not
getting.”<br><br>
Chenault said STOP has already discussed filing the class action suit at
length with an attorney and has received a lot of legal advice from
several others. <br><br>
“They agreed with our argument and our decision to wait for the outcome
of the Nevada court case,” said Chenault, who has been clamoring for
revamping Idaho’s tax statutes for several years. “It’s precedent-setting
for the whole country, and other states are going to have to pay
attention to Nevada’s ruling which is now case law. <br><br>
“It showed Nevada’s system is broken, and so is ours.”<br><br>
After the landmark ruling by the Nevada Supreme Court on Dec. 28 - which
found in favor of Lake Tahoe’s Incline Village homeowners who challenged
the state’s uniform regulations governing property assessment - Chenault
said the Nevada suit will become STOP’s road map in its complaint against
Idaho.<br><br>
“Nothing could help us more in our battle to put property taxation back
on a sane course,” he said. “We cannot have people losing their homes
because of Idaho’s misdirected and mis-applied tax statutes that are
anything but fair and equal.”<br><br>
He said supporters of STOP have been waiting for months for the Nevada
Supreme Court decision.<br><br>
“STOP’s direction now will be the most powerful, most direct and most
simple course of action, and that’s to initiate a class action property
suit against the state of Idaho,” he stressed.<br><br>
Chenault said if a judge accepts the complaint which will initially be
filed by an individual; other property owners can join by adding their
names to form a class action suit seeking “fair and equal treatment.”
<br><br>
He also plans to run several half-page ads in Idaho newspapers announcing
STOP’s intentions.<br>
“We can do this,” he said. “In Nevada, the state lost every one of its
appeals in the lower courts. It’s our turn to change Idaho’s
constitution.”<br><br>
Chenault stressed that wording in Nevada’s constitution is as specific
and clear as Idaho’s.<br><br>
“It states in plain English that all of the state’s tax statutes must be
fair and equal,” he said. “In the Nevada case, the court ruled it wasn’t.
The tax commission and county assessors were exercising certain
distortions, bending the rules in their favor.<br><br>
“That’s exactly what’s happening in North Idaho.”<br><br>
Chenault also blasted Rep. Dennis Lake, R-Blackfoot, incoming chairman of
the House Revenue and Taxation Committee, over his recent comments that
he won’t revisit Idaho’s property tax issue. Lake said he felt the
state’s tax system needs “to just sit and have time to cook.”<br><br>
“What’s bothersome about Lake’s comment is he somehow believes there’s no
real property tax problem in Idaho, and it shows a complete lack of
understanding,” Chenault charged. “What Lake is suggesting is not fair
and equal treatment for property tax, which is underlying the whole
problem.<br><br>
“Our legislators — Sen. Shawn Keough, Reps. George Eskridge and Eric
Anderson — have been more than helpful pleading our case. And then Lake
comes along and shows his myopic view of taxation, which is
embarrassing.”<br><br>
<div align="center"># # #<br><br>
</div>
<font color="#000080"><b><i>>>> Back to Maryanne’s message
<<<<br><br>
</i></font><div align="center"><font size=6 color="#FF0000">WHAT WE HAVE
ACCOMPLISHED<br><br>
</b></font></div>
Our small “hamlet” on the top of a mountain has shaken the tax world with
our successful battle against the bureaucracy under which all of us
suffer.<br><br>
It is almost impossible to take on entrenched governmental agencies and
succeed – but we did!! We showed that it can be done. Now we
have paved the way for others. Our best wishes to them for success
as well.<br><br>
All of you share in our victory. No one could accomplish this
Herculean task alone, and we thank you for your support and your
confidence in our ability to attain our goal.<br><br>
There are still battles to win and mountains to climb. But the biggest
fight has been won, thanks to you and the integrity of the Nevada Supreme
Court.<br><br>
Sincerely,<br>
<b>Maryanne Ingemanson</b>, President<br><br>
<b>Village League to Save Incline Assets Board Members:<br>
</b>Maryanne Ingemanson, President, Ted Harris, Tax Revolt Committee
Chairman,<br>
Les Barta, Law Research, John Carney, Analyst, Wayne Fischer, Webmaster,
<br>
Todd Lowe, Financial Analyst, Dale Akers, Historian, and Chuck Otto,
Public Relations<br><br>
<div align="center"><b>Village League to Save Incline Assets, Inc</b>.
<br>
- an approved non-profit organization<br>
FEIN 88-0399029<br>
1165 Vivian Lane - Incline Village, Nevada 89451<br>
telephone: 775-831-4011, fax: 775-831-0325<br>
Email: mingemanson@charter.net<br>
<a href="http://www.nevadapropertytaxrevolt.org/" eudora="autourl">
www.NevadaPropertyTaxRevolt.org<br><br>
</a># # #<br><br>
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