123.2021 Authorizing Settlement of Property Assessment Cases Filed by NCA of QU Real Estate Holdings
RESOLUTION AUTHORIZING SETTLEMENT OF
PROPERTY ASSESSMENT CASES
FILED BY NCA OF QU REAL ESTATE HOLDINGS, LLC
RESOLUTION NO.: 123, 2021
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, NCA of QU Real Estate Holdings, LLC (“Petitioner”), filed Article 7 Real
Property Assessment Review cases against the Town challenging the 2017, 2018, 2019 and 2020
assessments on real property located at 6 Willowbrook Road, Queensbury, New York (Tax Map
Parcel #296.12-1-30), 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,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of
the tax assessment cases filed by NCA of QU Real Estate Holdings, LLC for assessment years
2017, 2018, 2019 and 2020 as follows:
1) The 2017 and 2018 Proceedings shall be discontinued without reduction of the
assessments or refunds; and
2) The 2019 and 2020 assessments shall be reduced as follows:
Assessment Assessed Value Reduced Reduction
Year Assessed Value Amount
2019 $842,000 $805,050 ($36,950)
2020 $842,000 $796,105 ($45,895)
3) Refunds shall be paid based on the 2019 and 2020 assessment reductions and shall be
paid without interest provided they are paid within sixty (60) days after Petitioner
serves a copy of the filed Court Order approving the settlement; and
4) The assessed value for Tax Map Parcel #296.12-1-30 shall be fixed at $796,105 for
the 2021, 2022 and 2023 Assessment Rolls pursuant to 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 5 day of April, 2021, by the following vote:
AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None