195.2007
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASE
COMMENCED BY WAL-MART
RESOLUTION NO.: 195, 2007 SEE RES. 247.2007
RESCINDING 195.2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Wal-Mart previously commenced Article 7 Real Property Assessment Review
cases against the Town of Queensbury concerning the assessed value of property located on Route 9
(Tax Map No. 296.17-1-36) for the 2005 and 2006 assessment years, and
WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board
and the Town Board has reviewed the case with Town Counsel, and
WHEREAS, counsel for the Queensbury Union Free School District has advised that the
proposed settlement terms have been approved by the District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the
pending Article 7 cases against the Town of Queensbury by Wal-Mart, concerning its property
located on Route 9 (Tax Map No. 296.17-1-36) for the 2005 and 2006 assessment years in
accordance with the following revised assessment value:
Assessment Year Current Assessment Revised Assessment
2005 $ 7,978,500 $ 7,978,500 – Discontinue 2005
Petition with prejudice
2006 $12,788,000 $12,288,000
and
BE IT FURTHER,
RESOLVED, that the revised assessment of $12,288,000 will remain in place throughout the
next three (3) tax years (2007-2008, 2008-2009 and 2009-2010), and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all refunds
without interest to Petitioner’s counsel, Kavinocky Cook within sixty (60) days from the date that a
Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer
provided that settlement requires refunds, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Assessor, Town Fiscal Manager 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 16 day of April, 2007, by the following vote:
AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None