170.2009
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASE
COMMENCED BY DONALD AND MARGARET MERRIHEW
RESOLUTION NO.: 170, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Donald and Margaret Merrihew (the “Petitioners”) previously commenced an
Article 7 Real Property Assessment Review case in 2007 against the Town of Queensbury concerning
the assessment on certain property located at 2 Brookshire Terrace, Town of Queensbury – Tax Map
(
No.:308.18-1-50the “Property”), and
WHEREAS, the Town Assessor has reviewed the case with Town Counsel and the Assessor
has recommended a settlement proposal to the Town Board, and
WHEREAS, it is anticipated that the Queensbury Union Free School District will approve the
proposed settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending
Article 7 proceeding filed by Petitioners as follows:
1.The assessment on the Property on the 2007 assessment roll shall be set as follows:
ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT
2007 $600,000 $545,000
and
BE IT FURTHER,
RESOLVED, that the Assessment on the Property shall be $545,000 for the 2009
Assessment Roll and the Assessment shall remain at $545,000 for the 2010 and 2011 assessment
rolls unless there is a Town-wide revaluation or the Property is further improved, or is destroyed
or is subject to some other exception provided for under Real property Tax Law §727(2), and
BE IT FURTHER,
RESOLVED that the Town Board authorizes and directs that any over-payment of Town
Special District taxes based upon the assessment prior to reduction for the year 2007 shall be
refunded, with interest if ordered by the Court, within sixty (60) days after service upon the taxing
authorities of the Order approving settlement with Notice of Entry, 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.
th
Duly adopted this 4 day of May, 2009 by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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