Even though the process of formulating Owasco's assessment roll for this year is about to begin, its 2004 findings are still in dispute following a court hearing on the issue Thursday.
Cayuga County Judge Peter Corning reserved decision after listening to arguments from attorneys for the town and more than 50 residents who claim the 2004 assessment roll is unfair and should be overturned.
The residents - many of whom live on lakefront property along Owasco Lake - claim the process unfairly singled them out for increases in property value, which increased their tax bills to an unaffordable level for some.
Daniel Vincelette, an attorney representing the residents, pointed to an admission from the chair of the town's board of assessment review that they weren't going to entertain grievances from residents looking only to challenge their property values.
"The board of assessment review wasn't performing its statutory duty," he said.
In addition to overturning the 2004 assessment roll, the petitioners wanted further disclosure as to the methodology used by assessor Kim Stone-Gridley to come up with the roll.
"There is no claim that (the methodology) is irrelevant or does not exist," Vincelette said.
Judge Corning asked Kenneth Bobrycki, the town's attorney, to explain some of the process.
Bobrycki said the assessor considered each property individually when arriving at its assessed value. He argued against further discovery on assessment methodology.
"Fishing expeditions are disapproved of," Bobrycki said to Judge Corning. "They ask for everything under the sun because they don't know what they're looking for."
But the main reason Bobrycki believed the case should be dismissed was all of the residents named in the lawsuit did not follow the complete process for grieving their assessments.
Of the 53 homeowners, 47 appeared for an informal grievance of their assessment in 2004, Bobrycki said. Of that 47, only 35 filed a grievance with the assessment review board. When that process wasn't satisfactory, 14 continued on and brought a small claims assessment review proceeding against the board, he said. Only after a SCAR is unsuccessful can homeowners challenge with an Article 7 proceeding, then an Article 78 - the type of lawsuit the 53 homeowners brought up in court Thursday.
"The petitioners are predominantly owners of lakefront property. It is a fact beyond dispute the properties on the lake have appreciated greatly compared to those inland," Bobrycki said. "None of them have a remedy today."
Based on the volume of technical documents submitted, the attorneys do not expect a decision soon.
Staff writer Liz Hacken can be reached at 253-5311 ext. 267
or elizabeth.hacken@lee.net
The residents - many of whom live on lakefront property along Owasco Lake - claim the process unfairly singled them out for increases in property value, which increased their tax bills to an unaffordable level for some.
Daniel Vincelette, an attorney representing the residents, pointed to an admission from the chair of the town's board of assessment review that they weren't going to entertain grievances from residents looking only to challenge their property values.
"The board of assessment review wasn't performing its statutory duty," he said.
In addition to overturning the 2004 assessment roll, the petitioners wanted further disclosure as to the methodology used by assessor Kim Stone-Gridley to come up with the roll.
"There is no claim that (the methodology) is irrelevant or does not exist," Vincelette said.
Judge Corning asked Kenneth Bobrycki, the town's attorney, to explain some of the process.
Bobrycki said the assessor considered each property individually when arriving at its assessed value. He argued against further discovery on assessment methodology.
"Fishing expeditions are disapproved of," Bobrycki said to Judge Corning. "They ask for everything under the sun because they don't know what they're looking for."
But the main reason Bobrycki believed the case should be dismissed was all of the residents named in the lawsuit did not follow the complete process for grieving their assessments.
Of the 53 homeowners, 47 appeared for an informal grievance of their assessment in 2004, Bobrycki said. Of that 47, only 35 filed a grievance with the assessment review board. When that process wasn't satisfactory, 14 continued on and brought a small claims assessment review proceeding against the board, he said. Only after a SCAR is unsuccessful can homeowners challenge with an Article 7 proceeding, then an Article 78 - the type of lawsuit the 53 homeowners brought up in court Thursday.
"The petitioners are predominantly owners of lakefront property. It is a fact beyond dispute the properties on the lake have appreciated greatly compared to those inland," Bobrycki said. "None of them have a remedy today."
Based on the volume of technical documents submitted, the attorneys do not expect a decision soon.
Staff writer Liz Hacken can be reached at 253-5311 ext. 267
or elizabeth.hacken@lee.net
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