General News: Appeals Court Rules in Assessment Case
February 08, 2011
A new ruling has let stand a decision that rolled back a tax assessment hike for a business on Route 9W in Cornwall. A four-judge panel of the New York State Appellate Division ruled last week in favor of the judge’s decision in the case brought by Leone Properties against the town of Cornwall.
In the July 2009 ruling, Superior Court judge John LaCava rejected the town assessor's plan for reviewing property assessments, saying that it doesn't meets state requirements. The decision of Judge John LaCava also calls for a reimbursement of any overpayment of taxes.
Leone Properties, which is headed by Ralph Leone, filed the suit against the town in 2005, after the assessment of its office building went up from $625,000 to $965,250. Judge LaCava found that the assessor's officer failed to explain the basis for the increase in assessment and notes that the assessor's practice of revaluing assessments of properties that were recently sold or issued a building permit has been found to be a selective method that is prohibited under law.
Town of Cornwall assessor Ron Fiorentino said he is not happy with the new ruling and added that his goal is to gain equity in the town’s assessment rolls.
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For those who would like to read the actual decision, please follow this link:
http://www.nycourts.gov/reporter/3dseries/2011/2011_00690.htm
posted by PETER MALONE on 02/08/11 at 9:37 PM
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How much in legal fees has this cost the citizens of the town? The winner here...besides Mr.Leone...THE LAWYERS!
posted by Gerry Wagner on 02/09/11 at 1:11 PM
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