Punting, Patience and Persistence
DATE: June 3, 2017
TO: Incline Village & Crystal Bay Property Owners
FROM: Village League Tax Revolt Committee
A big thank you to those who came to Tuesday’s hearing. It was good to see longtime supporters and interested citizens.
What happened? In short, we were thrown a curve ball. Instead of getting a decision, we were ordered to make a trip back to the Supreme Court on a preliminary issue. Our attorneys came prepared to argue our unresolved grievance over unconstitutional property tax assessments. Instead the hearing turned into a discussion about what the Supreme Court meant when it directed the district court to “conduct further proceedings” in this case.
We believe the Supreme Court said what it meant and meant what it said. The Supreme Court did not intend to put taxpayers through another round of State Board hearings which can only mean more delay and more possibility for error. The State Board is not even lawfully constituted to make a valid decision; and, based on the arguments made by their lawyers, they have already decided against Incline property owners.
The Supreme Court’s language was not ambiguous, but the County and State came up with a lot of smoke and mirrors. The judge ended up ordering everyone to file a joint motion with the Supreme Court for “clarification” whether the equalization issue should go back to the State Board. The Supreme Court ruled and closed the case months ago. This unique order from the district court means another delay. We hope it will be brief.
Years ago, in the now famous “Bakst” and “Barta” cases, the Supreme Court found the County’s 2003 and 2004 Incline Village/Crystal Bay assessments unconstitutional and void. The County itself has admitted to thousands of unconstitutional and void assessments. The State Board found those unconstitutional assessments created a failure of equalization at Incline Village/ Crystal Bay. Yet instead of returning these properties to 2002 constitutional values – the remedy chosen by the Supreme Court — both the County and the State want to increase Incline property values EVEN the values for more than 900 properties that were established by the Supreme Court and other courts.
Every delay increases the amount of time, energy and money going into this battle. The County and State attorneys have endless resources thanks to all of our taxes. The Village League is 100% supported by the contributions of our community. Any and all support is welcome as we keep pursuing this battle to its conclusion.
Village League to Save Incline Assets Board Members:
-Todd Lowe, President
-Les Barta, Vice President
-Dale Akers, Secretary Treasurer
-Dean Ingemanson, Director
Village League to Save Incline Assets, Inc.
Non-Profit Corporation – FEIN 88-0399029
77 Shoreline Circle, Incline Village, NV 89451
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