042.2009RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY JAMES DeNOOYER
RESOLUTION NO.: 42, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, James DeNooyer (Petitioner) previously commenced Article 7 Real Property
Assessment Review cases against the Town in 2005, 2007 and 2008 challenging the assessments on
two parcels in Queensbury, located at 3316 State Route 9L (Tax Map No. 239.18-1-24) and 3308
State Route 9L (Tax Map No.: 239.18-1-26) and
WHEREAS, the Queensbury Town Board previously approved Resolution Number 430 of
2007 to settle the 2005 case, and
WHEREAS, Petitioner has proposed settling the 2007 and 2008 cases on the same terms as
the Town Board approved for settling the 2005 case, and
WHEREAS, the Town Assessor has reviewed the cases with Town Counsel, and the Town
Assessor recommends the settlement proposal to the Town Board, and
WHEREAS, the Lake George Central School District has approved the proposed
settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending
Article 7 proceedings filed by James DeNooyer against the Town in 2007 and 2008 challenging the
assessments on two parcels in Queensbury, located at 3316 State Route 9L (Tax Map No.
239.18-1-24) and 3308 State Route 9L (Tax Map No.: 239.18-1-26) as follows:
1) For 2007 & 2008, the assessments on the parcels shall be revised as follows:
Tax Map #: Assessed Value Revised Assessment
23 9.18-1-24
$1,778,400 $1,600,000
239.18-1-26 1,398,400 1,175,000
and
2) For 2009, 2010, and 2011 the assessments on the parcels shall be the same as the revised
assessments as set forth above, regardless of whether there is a Town-wide revaluation
effective before the 2012 Assessment Roll; and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all
corresponding refunds, with interest if ordered by the Court, within sixty (60) days from the date that
Petitioners serve a Demand for Refunds upon the Town and the Warren County Treasurer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Assessor, Town Budget Officer 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.
Duly adopted this 26r'' day of January, 2009, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Strough
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer