157.2003
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7
REAL PROPERTY TAX ASSESSMENT CASES COMMENCED BY
DOUGLAS MABEY & EXIT 18 BUSINESS PARK, INC.
RESOLUTION NO.: 157, 2003
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Douglas L. Mabey and a corporation owned by him, Exit 18 Business Park,
Inc., previously commenced Article 7 Real Property Assessment Review cases against the Town of
Queensbury concerning certain commercial property located on Big Boom Road (tax map parcel
nos.: 137-2-4.1 and 137-2-4.3) for the 1998, 1999, 2000, and 2001 tax years, and
WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board
and the Town Board has reviewed the cases with Town Counsel, and
WHEREAS, counsel for the Queensbury Union Free School District has advised that upon
Town Board approval of the proposed settlement, counsel will also recommend School Board
approval,
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 Douglas L. Mabey and Exit 18
Business Park, Inc., concerning certain commercial property located on Big Boom Road (tax
map parcel nos.: 137-2-4.1 and 137-2-4.3) for the 1998, 1999, 2000, and 2001 tax years in
accordance with the following revised assessment values:
Tax Map Parcel No.: 137.-2-4.3
1998 1999 2000 2001
Original Assessed Value: $702,900 $702,900 $702,900 $702,900
Revised Assessed Value: $644,400 $644,400 $644,400 $644,400
Reduction: $ 58,500 $ 58,500 $ 58,500 $ 58,500
Tax Map Parcel No.: 137.-2-4.1
1998 1999 2000 2001
Original Assessed Value: $724,000 $724,000 $724,000 $724,000
Revised Assessed Value: $665,500 $665,500 $665,500 $665,500
Reduction: $ 58,500 $ 58,500 $ 58,500 $ 58,500
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that payment of any and all
refunds without interest be made to Douglas L. Mabey and Exit 18 Business Park, Inc., within
forty-five (45) days from the date that a Demand for Refunds is served upon the Town of
Queensbury, and
BE IT FURTHER,
RESOLVED, that if Town Counsel’s review of applicable property tax statutes and
pertinent case law indicate that the revised assessed values of the above-referenced tax map parcels
should remain at $644,400 and $665,500, respectively, for the 2002/03, 2003/04 and/or 2004/05 tax
years, Town Counsel is hereby authorized to agree to the inclusion of such a provision in the
settlement papers to be submitted to the Court, with such provision subject to the qualification that
the Assessor may revise the assessed value(s) of any parcel(s) which the Petitioners further improve,
or if the Town completes a revaluation, prior to any one or more of such tax years, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Assessor 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.
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Duly adopted this 10 day of March, 2003, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES : None
ABSENT: None