WHEREAS, there are presently pending before the New York State Supreme Court, County of Westchester, a series of tax certiorari proceedings titled Mtr. of 140 Bedford Road, LLC v. Board of Assessors of the Village of Pleasantville, et al., (Sup. Ct. West. Co. Index Nos. 54661/16, et seq.); and
WHEREAS, these proceedings challenge the real property tax assessment of property located at 140 Bedford Road, which is identified as Section 99.19, Block 2, Lot 69 on the Tax Map of the Village of Pleasantville (the “140 Bedford Road Parcel”), in the 2016 through 2020 assessment years, and the real property tax assessment of property located at 150 Bedford Road, which is identified as Section 99.19, Block 2, Lot 68 on the Tax Map of the Village of Pleasantville (the “150 Bedford Road Parcel”), in the 2018 assessment year; and
WHEREAS, proposed terms of settlement have been reached providing for a disposition of the claims asserted in these proceedings; and
WHEREAS, the Village Board of Trustees has obtained the advice and assistance of its counsel, Keane & Beane, P.C., with respect to the proposed terms of settlement and duly considered same; and
WHEREAS, pursuant to the proposed terms of settlement, the 2016 and 2017 challenges to the assessment of the 140 Bedford Road Parcel and the 2018 challenge to the assessment of the 150 Bedford Road Parcel will be withdrawn, with no change in assessment in these years; and
WHEREAS, pursuant to the proposed terms of settlement, the 2018 through 2020 assessments of the 140 Bedford Road Parcel will be reduced, thereby giving rise to a Village tax refund; and
WHEREAS, the projected Village of Pleasantville tax refund due under the proposed settlement terms equals approximately One Thousand Two Hundred Forty-Six and 55/100 ($1,246.55) Dollars;
NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees authorizes the settlement of these proceedings so as to facilitate the withdrawal of the 2016 and 2017 challenges to the assessment of the 140 Bedford Road Parcel and the 2018 challenge to the assessment of the 150 Bedford Road Parcel; and
BE IT FURTHER RESOLVED that the Village Board of Trustees authorizes the settlement of these proceedings so as to adjust the Village assessments of the 140 Bedford Road Parcel in Assessment Years 2018 through 2020, as follows:
Year
|
Assessment
|
Revised Assessment
|
Reduction
|
2018
|
$36,350
|
$32,300
|
$4,050
|
2019
|
$36,350
|
$33,200
|
$3,150
|
2020
|
$36,350
|
$30,450
|
$5,900
|
BE IT FURTHER RESOLVED that the Village Administration and Keane & Beane, P.C., as attorneys for the Village of Pleasantville, are hereby authorized to take the steps necessary to effectuate these terms, including execution and entry of a Consent Judgment and the payment of any and all refunds required under the above-authorized terms of settlement.