Another $100,000,000...

[ribbet]

$100,000,000.00 - now what??? HOW THE HECK IS ANYONE GOING TO BE ABLE TO PAY FOR ALL THIS????

Court backs utilities in tax dispute

By The Associated Press

March 30, 2004, 5:17 PM EST
ALBANY -- A property value assessment system for local taxing entities in Nassau County violates state law, the state's highest court said Tuesday in a ruling the financially troubled county said could cost taxpayers $100 million or more.

The Court of Appeals said a trial-level court should determine the exact amount of the overassessments and the money due the New York Telephone Co. -- which is now called Verizon New York -- and two smaller utilities, the New York Water Service Corp. and the Long Island Water Corp.

The three sued in 1997, claiming their property was vastly overvalued by tax assessors for "special districts" to benefit local fire departments, libraries and the Nassau County Police Department. The utilities contended that the way the special districts assessed property in four classes -- residential, multifamily, utility equipment and commercial property -- is not allowed under state law.

A midlevel appeals court agreed the special districts can't assess property under the four-class system. But it said in the interests of avoiding fiscal chaos in Nassau County, it would not order refunds for the utilities.

The utilities argued such a determination would allow special districts and other taxing entities to overassess and overtax individuals and companies and then avoid refunding money by claiming they are in fiscal distress.

The Court of Appeals rejected the way the Appellate Division of state Supreme Court invoked its "equitable" powers to avoid ordering refunds.

A court should determine just how much money is at issue and the amount of hardship it would cause in Nassau County, the court said Tuesday in a decision written by Judge George Bundy Smith.

In court papers, New York Telephone estimated it was owed $10 million in refunds and the two water companies said they should get $1 million each.

Verizon New York spokesman Mark Marchand said the company was "pleased" by the ruling and looks forward to providing the state Supreme Court with information about the overassessments. The company pays $1 billion a year in state, county and municipal taxes in New York, $310 million in property taxes alone, Marchand said.

Nassau County Attorney Lorna Goodman said the county thinks taxpayers could be on the hook for as much as $100 million.

"The court gave us a chance to show precisely how much the damage was and to demonstrate that damages of that size would be a hardship to the county," Goodman said. "If we can demonstrate that, we wouldn't pay any damages at all."

A judge of $100 million or more would be an "enormous hardship for a county in our fiscal condition," Goodman said.

Nassau County, despite being one of the wealthiest counties in the country, has had a state-imposed authority monitoring its finances since 2000.

[TAXMAN]

We all knew that splitting special districts by their adjusted base would be inherently bad!

The adjusted base perportions used are meant mainly for large areas where there are a larger frequency and number of differing properties to spread the allocation. It does not work for small areas.

It is like an entire community sharing one car. Someone gets left out!

Thank you U.S. Courts!
________
AwesomeBosoms (http://camslivesexy.com/cam/AwesomeBosoms)

[Walrus]

What distrcits does it effect? What will be the effect?

What does this do to the movement to replace property taxes with an income tax?

[Truth]

that an income based tax system makes more sense than ever!
________
Justin bieber (http://justinbieberfan.info/)

[Cut and Paste]

A Brilliant Example - like 'Tweaking" the Forfeiture La
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A Talk With Lorna
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An Intellectual discussion of the law? Nope. Critical analysis on where the county attorney went wrong in defending the lawsuit? Nope. Explainations as to filing friend of the court briefs? Nope. Apologies for hire appeals bureau chiefs with no appeals experience, being overseen by managing attorneys also with no appeals experience? Nope. Legal Strategy to win in the Court of Appeals? Nope. Financial plans to structure pay-off judgments? Nope. Lorna Goodman takes the dumb blonde routine to an all time high - yup - I hope the Court of Appeals feels sorry for us because we're broke and can't pay up and so because of that - the Court of Appeals should find in our favor. SUOZZI ARE YOU GETTING IT YET?




Ruling Leaves Nassau Facing $100 Million Tax Repayment
By BRUCE LAMBERT

Published: March 31, 2004


ARDEN CITY, N.Y., March 30 - Nassau County's fiscal recovery is facing another potential hurdle: a new State Court of Appeals ruling that could result in $100 million or more of property tax refunds to utilities.

Nassau officials said that if they eventually lose the case, the county will be forced to borrow to pay the refunds, adding to its already high debt.

Advertisement


The case involves challenges to the assessments from 1998 through 2000 on property owned by Verizon, the Long Island Water Corporation and the New York Water Service Corporation. A State Supreme Court justice initially decided that the assessments were illegal, but the Appellate Division blocked the refunds, saying they would disrupt local government.

On Tuesday, the Court of Appeals, the state's highest court, ruled unanimously that since the exact amount of the refunds had not been calculated, it was premature to conclude that they would be disruptive. So the case was sent back to Supreme Court for a trial to determine the refund amount and consider the potential effect. "I would hope that the courts will realize that we don't have a spare $100 million," said the county attorney, Lorna B. Goodman.

Four years ago the State Legislature imposed a fiscal monitoring board to oversee Nassau's finances after the county ran up large deficits and appealed for bailout aid. Since County Executive Thomas R. Suozzi took over two years ago, his administration has cut the work force, balanced the budget, acquired surpluses and won several bond-rating upgrades.

"Having to pay $100 million clearly presents a hardship for a county that's just emerging from its financial crisis," said the deputy county executive, Arthur A. Gianelli. "The county will continue to litigate this vigorously."

What the final cost will be is unclear. Earlier in the proceedings, the county itself estimated that the refunds, plus interest, could reach $200 million. Verizon estimates its refund at about $40 million, not counting interest, and the water utilities estimate theirs at $8 million, plus interest.

Verizon has contended that its claim would have "nominal impact" on county finances. "All we're seeking, on behalf of our shareowners and customers, is to pay what is fair," said a company spokesman, Mark A. Marchand. The dispute involved Nassau assessment provisions under which utilities are one of four categories of property. The utilities objected that while state law allows that system for county, town, village and school taxes, it is not permitted for so-called special tax districts like fire protection and libraries. As a result, the utilities said, they were overtaxed in the special districts. Later the law was changed, so there were no more claims against the system.



All broken
Unregistered User
(4/2/04 4:44 pm)
Reply Broken even worse
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That office NEVER got fixed ! At least under the Republicans they could say they had no money - were operating on a shoestrings - DCA's making $35,000 - ALL OF THEM - had to buy their own office supplies - no computers even. Under the Democrats the money is POURING into that office -- POURING IN. Their little NYC friends and Bureau Chiefs and Deputy Bureau Chiefs and ridiculous titles like Senior this and Supervisory that are making a TON of money. The office is an even worse shambles now then it was then because there is no leadership. The ones in charge - the supervisors - are learning as they go and the hard working attorneys who actually know what they are doing - are FED UP. I mean look at who they work for - the woman threatens OUTSIDE counsel with not getting paid or suffering a 10% loss. If the woman ever worked in private practice she'd know that 10% HURTS.

[DRKNOW]

FOR THOSE OF YOU WHO ARE NOT LAWYERS, legal appeals before the NY Court of Appeals are done in person. While legal briefs are filed, a lawyer must stand up before the Court and make the vocal argument and answer questions fron the judges about the case. So, if you were looking down the barrel of a $100 million judgement against you, and had to select one attorney out of the tens of thousands of registered lawyers licensed in NY, to personally argue this critical case before the State's Highest Court---whom would Tom Suozzi and Lorna send? THATS RIGHT BOYS AND GIRLS---ELIZABETH DVORKIN-BOTWIN!!!!!!! I guess hiring an experienced appellate attorney would have cost too much money so they "kept it in house;"( penny wise and $100 million poorer).
________
Medical Marijuana Grow (http://growingmedicalmarijuana.org)

[Dumb Dora Dora]

If dumb decisions were ten dollar bills, Lorna would be a billionaire.

[whats a million]

neither here nor there right raise taxes

[Was this judgment paid]

Or is it another unpaid debt piling up until 2006?

Or is it another unpaid debt piling up until 2006?

As Nassau County property owners were in deep s--t, with this out of control Suozzi administration,

[A Critic's View]

She's old. Let her and her staff retire in peace. 8)

[Dr. Know]

Whatever happened to this judgement? Did Suozzi pay it, or is that what the TAX INCREASE next year is for?

[guest12]

A Brilliant Example - like 'Tweaking" the Forfeiture La
--------------------------------------------------------------------------------
A Talk With Lorna
------------------------------------------------------
--------------------------
An Intellectual discussion of the law? Nope. Critical analysis on where the county attorney went wrong in defending the lawsuit? Nope. Explainations as to filing friend of the court briefs? Nope. Apologies for hire appeals bureau chiefs with no appeals experience, being overseen by managing attorneys also with no appeals experience? Nope. Legal Strategy to win in the Court of Appeals? Nope. Financial plans to structure pay-off judgments? Nope. Lorna Goodman takes the dumb blonde routine to an all time high - yup - I hope the Court of Appeals feels sorry for us because we're broke and can't pay up and so because of that - the Court of Appeals should find in our favor. SUOZZI ARE YOU GETTING IT YET?



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That office NEVER got fixed ! At least under the Republicans they could say they had no money - were operating on a shoestrings - DCA's making $35,000 - ALL OF THEM - had to buy their own office supplies - no computers even. Under the Democrats the money is POURING into that office -- POURING IN. Their little NYC friends and Bureau Chiefs and Deputy Bureau Chiefs and ridiculous titles like Senior this and Supervisory that are making a TON of money. The office is an even worse shambles now then it was then because there is no leadership. The ones in charge - the supervisors - are learning as they go and the hard working attorneys who actually know what they are doing - are FED UP. I mean look at who they work for - the woman threatens OUTSIDE counsel with not getting paid or suffering a 10% loss. If the woman ever worked in private practice she'd know that 10% HURTS.



of posting pure garbage? This suit has been in the works for ages. And now that the court has ruled, BASED ON THE LAW, you pen this bizarre screed to blame Suozzi??

Not only should you not be allowed to vote, you should not be allowed to breed- such is the stupidity you bring to the Nassau gene pool.