Many of us received a second “junk mail” communication from District Attorney Richard Gammick in the last few days. In July of 2009, the State Board of Equalization decided that property valuations for the 2006-2007 tax year for all the owners of residential property at Incline Village and Crystal Bay in 2006 should be rolled back to 2002-2003 levels. The County is trying to challenge that decision.

(If you did not receive this second communication and want to read it, click on the following link: www.NevadaPropertyTaxRevolt.org/10/2010Feb01-WC-DistrictAttorney.pdf)

Because that ruling requires Washoe County to repay to homeowners the excess taxes it has collected since 2006, District Court Judge Wilson has ordered the County to name and serve all the affected taxpayers. Even though these "junk" mailings don't identify any taxpayers at all and don't say what they are about, we think that the County will try to claim that it has let you know that it is going to Court to try to change the State Board’s decision. We don't think that what the County has done complies with Judge Wilson's order.

Washoe County does not like Court orders with which it doesn't agree. Last October, Judge Brent Adams ordered the County Treasurer to comply with the 2006 decision of the County Board of Equalization and to return to the taxpayers the money collected beyond the taxes authorized by that decision. In the four months since Judge Adams entered that order, the Washoe County Treasurer has apparently done NOTHING to follow that Order of the Court.

For four years the County has kept and had the use of our over-paid tax dollars, but according to an e-mail received from County Commissioner John Breternitz,

“The county will not process refunds until they are instructed to do so by the Supreme Court.”

In other words, Washoe County has simply chosen to ignore Judge Adams' order as well. We don't think the County is above the law and we will continue our efforts to have the court orders obeyed.

WHAT IS BEING DONE

Washoe County is trying to keep the excess unconstitutional tax dollars it has collected, or at least to delay repaying those moneys to taxpayers for as long as possible. The League's attorney is opposing the County's efforts in both the Supreme Court and in the District Courts. However, just having to oppose those efforts involves a significant amount of time and documentation on our part, which is exactly what the County wants.

WE WILL WIN

Based on what we have seen, the County believes that, if it can continue to delay repaying the over-charged taxes it has collected, we will eventually just wear out and give up. THE COUNTY IS WRONG. As long as we have your support to continue the fight we will do so and those excess taxes will be repaid with interest to every homeowner in Incline Village and Crystal Bay.

Keep the faith!