282.2019 Settlement Property Assessment Case Filed by NEWYO, LLC
RESOLUTION AUTHORIZING SETTLEMENT OF
PROPERTY ASSESSMENT CASES FILED BY BT-NEWYO, LLC
RESOLUTION NO.: 282, 2019
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
WHEREAS, BT-NEWYO, LLC (“Petitioner”), filed Article 7 Real Property Assessment
Review cases against the Town challenging the 2014 through 2019 assessments on real property
located at 52 Big Boom Road, Queensbury, New York (Tax Map Parcel #309.14-1-1), and
WHEREAS, it appears to be in the best interests of the Town to avoid the significant
costs that would result if the litigation continues and goes to trial, and
WHEREAS, the Town Assessor now recommends proposed settlement terms which have
been negotiated with Petitioner, and
WHEREAS, the Queensbury Union Free School District’s Board of Education is
expected to approve the proposed settlement terms,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves the proposed settlement of the tax
assessment cases filed by BT-NEWYO, LLC as follows:
1) The 2014 through 2018 assessment challenges shall be discontinued without
reduction or refunds.
2) The 2019 assessment challenge shall be discontinued.
3) The assessed value for Tax Map Parcel #309.14-1-1 shall be fixed at $828,000 for the
2019, 2020 and 2021 Assessment Rolls unless the property is further improved or the
assessment is subject to some other exception under Real Property Tax Law Section
727.
and
BE IT FURTHER,
RESOLVED, that approval of this settlement agreement is contingent upon Town Counsel’s
review and approval of the Stipulation of Settlement and Order, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Assessor, Town Clerk and/or Town Counsel to execute settlement documents and take any
additional steps necessary to effectuate the proposed settlement in accordance with the terms of this
Resolution.
th
Duly adopted this 19 day of August, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT: None