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Consent   1.
Regular Board of Supervisors Meeting
Board of Supervisors
Meeting Date:
06/26/2018
Title:
Approve the Proposed Settlement of the Small Tax Appeal Fought 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:
1
NAME
of PRESENTER:
Christine J. Roberts
TITLE
of PRESENTER:
Civil Deputy County Attorney
Docket Number (If applicable):
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:

Information

Agenda Item Text:

Approve the proposed settlement of the Small Tax Appeal in Fought, Dale v. Cochise County, ST2017-000340, 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 110-57-002B for tax year 2018.  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 2018 should be lowered. The Assessor recommended a settlement offer as follows:
  • For tax year 2018, a reduction in full cash value from $83,329 to $25,000.  
  • For tax year 2018, a reduction in limited property value from $83,329 to $25,000.   
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, the Parties will file the stipulated judgment with 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 so that the stipulated judgment and the stipulation for entry of judgment can be filed with the Court.

Attachments