Consent 4.
Regular Board of Supervisors Meeting
County Attorney
- Meeting Date:
- 08/12/2014
- Title:
- Approval of Settlement Agreement in Tax Appeal Case Number ST2014-000377
- Submitted By:
- Elda Orduno, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
0
NAME
of PRESENTER:
of PRESENTER:
Elda E. Orduno
TITLE
of PRESENTER:
of PRESENTER:
Civil Deputy Attorney
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Docket Number (If applicable):
Information
Agenda Item Text:
Approve the proposed settlement in property tax appeal case Patrice M. Miscione, Shelby J. Nicholson v. Cochise County, ST2014-000377 (Assessor Parcel No. 10509002C), now pending in Arizona Tax Court, a division of he Superior Court of and for Maricopa County.
Background:
Taxpayer filed a civil action in Arizona Tax Court, asking for a reduction in assessed value from $551,005.00 to $314,262.00 for tax year 2014. After inspecting the property on June 5, 2014, reviewing the taxpayer's documentation and other market factors/comparables, the Assessor agrees that the property assessment for Tax Year 2014 should be lowered. The Assessor recommended a settlement offer to Plaintiff that lowers the full cash value and limited property value as follows:
2014 Total Full Cash Value = $314,262.00
2014 Limited Property Value = $314,262.00
The settlement offer also provides that the 2014 value will not be carried over to 2015 per A.R.S. 42-16002(B). Because the property is undergoing extensive remodeling, A.R.S. 42-16002(B) applies and taxpayer will therefore receive a 2015 Notice of Change per A.R.S. 42-15105.
The taxpayer has accepted the settlement offer.
Department's Next Steps (if approved):
Upon approval by the Board, Counsel for the County will submit a Stipulation for Entry of Judgment and a proposed form of Judgment to the Arizona Tax Court. Upon the Court's signing of the proposed form of Judgment, this case will conclude pursuant to the settlement terms.
Impact of NOT Approving/Alternatives:
The County will be subjected to continued litigation and risks should the Arizona Tax Court determine that the assessed property value should be less than the agreed upon settlement amount. Additional litigation would also subject the County to a possible court order requiring the County to pay for the taxpayer's fees and costs.
To BOS Staff: Document Disposition/Follow-Up:
Advise the County Attorney's Office - Civil Division of Board's decision.
Fiscal Impact
- Fiscal Year:
- One-time Fixed Costs? ($$$):
- Ongoing Costs? ($$$):
- County Match Required? ($$$):
- A-87 Overhead Amt? (Co. Cost Allocation $$$):
- Source of Funding?:
Fiscal Impact & Funding Sources (if known):
Funding sources are not required. Upon Board approval, the fiscal impact will be a reduction in the tax base.