Consent 6.
Regular Board of Supervisors Meeting
County Attorney
- Meeting Date:
- 02/12/2019
- Title:
- Approve the Proposed Settlement of the Tax Appeal W. David Hendley Family LP and Mundt 2006 Revocable Trust v. Cochise County
- Submitted By:
- Susana Stark, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
1
NAME
of PRESENTER:
of PRESENTER:
Christine J. Roberts
TITLE
of PRESENTER:
of PRESENTER:
Civil Deputy County Attorney
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve the proposed settlement of the Tax Appeal in W. David Hendley Family Limited Partnership and Mundt 2006 Revocable Trust Dated July 22, 2006, TX2018-001112, now pending in Arizona Tax Court, a division of the Superior Court of and for Maricopa County.
Background:
Taxpayer filed a civil action in Arizona Tax Court, seeking a reduction in assessed value for parcel number 403-52-012 for tax year 2019. After inspecting the property, reviewing the taxpayers’ documentation and other market factors/comparables, the Assessor agrees that the parcel’s full cash value and limited property value for tax year 2019 should be lowered. The Assessor’s recommended settlement offer is as follows:
Each party would bear their own attorneys’ fees and costs.
The taxpayer has accepted the settlement offer.
- For tax year 2019, a reduction in full cash value from $1,453,064 to $350,624.
- For tax year 2019, a reduction in limited property value from $1,434,732 to $348,027.
- The assessment ratio shall change to 12.4%.
- The legal class shall remain mixed.
Each party would bear their own attorneys’ fees and costs.
The taxpayer has accepted the settlement offer.
Department's Next Steps (if approved):
Upon approval by the Board, Counsel for the County and Plaintiff’s Counsel will sign a stipulation for entry of Judgment and will submit a form of Judgment to the Arizona Tax Court disposing of this matter pursuant to the settlement terms.
Impact of NOT Approving/Alternatives:
Additional litigation for the County with the risk that the Court may: (1) rule in the taxpayers’ favor; (2) order a larger reduction in the assessed value of the subject property; and (3) order the County to pay the Plaintiff’s fees and costs.
To BOS Staff: Document Disposition/Follow-Up:
Advise County Attorney's Office - Civil Division upon Board's approval.