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Consent   4.
Regular Board of Supervisors Meeting
County Attorney
Meeting Date:
11/14/2017
Title:
Approve proposed settlement of a tax appeal
Submitted By:
Sue Blanchard, County Attorney
Department:
County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
0
NAME
of PRESENTER:
N/A
TITLE
of PRESENTER:
N/A
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:

Information

Agenda Item Text:

Approve the proposed settlement of the Tax Appeal in Edward Williams and Dori J. Williams v. Cochise County, ST2017-000361, now pending in Arizona Tax Court, a division of the Superior Court of and for Maricopa County.
 

Background:

Taxpayers filed a civil action in Arizona Tax Court, seeking a reduction in assessed value for parcel number 410-17-005 for tax years 2017 and 2018. After inspecting the property, reviewing the taxpayers’ documentation and other market factors/comparables, the Assessor agrees that the parcel’s classification and value for tax years 2017 and 2018 should be changed and/or lowered. The Assessor recommended a settlement offer as follows.
 
For Tax Year 2018:
 
A reduction in full cash value from $288,711 to $87,000.
 
A reduction in limited property value from $288,711 to $72,026.
 
For Tax Year 2017:
 
A reduction in full cash value from $288,711 to $75,000.
 
A reduction in limited property value from $288,711 to $68,597.
 
For Tax Years 2017 and 2018:
 
The assessment ratio shall change from 18% to 15.7% and the legal class shall change from 1.12 to 1.12/3.
 
The taxpayers have accepted the settlement offer.

Fiscal Impact & Funding Sources: Not applicable, no funding sources are required. Fiscal impact will be a reduction in the tax base.

Department's Next Steps (if approved):

Upon approval by the Board, counsel for the County will sign a stipulation for entry of Judgment that has already been signed by the taxpayers, 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 Plaintiffs’ fees and costs.
 

To BOS Staff: Document Disposition/Follow-Up:

Advise County Attorney's Office - Civil Division upon Board's approval.
 

Attachments

No file(s) attached.