A Letter to Washoe County DA Richard Gammick

The following letter was written by William H. Silcox to the Washoe County District Attorney, Richard A. Gammick. The board members of the Village League thought the letter was so good, that all of you should read it. The points that Mr. Silcox makes reemphasize the difficulties that we are trying to resolve.

His letter was forwarded to Attorney, Suellen Fulstone, Esq. by the office of the Washoe County District Attorney, so will start with that letter first.

=========

October 11, 2007

Suellen Fulstone, Esq.
Littler Mendelson, P.C.
50 West Liberty Street, Ste. 400
Reno, NV 89501

Richard A. Gammick
Washoe County District Attorney
P.O. Box 30083
Reno, NV 89520-3083

Re: William Silcox

Dear Ms. Fulstone:

Enclosed with this letter please find correspondence from Mr. William Silcox. This gentleman is a residential real property owner in the Incline Village area. I am forwarding these letters to you because I believe that he is represented by your firm as a member of the putative class alleged in the 2003 lawsuit that you filed. I have not responded to these letters. One letter was sent to Mr. Richard Gammick, the Washoe County District Attorney and one to Mr. Josh Wilson, the Washoe County Assessor.

Please take whatever steps you feel are necessary. I did not feel comfortable contacting this gentleman directly in light of the pending litigation.

Sincerely,

RICHARD A. GAMMICK
District Attorney

By: (signature)
Terrance Shea
Deputy District Attorney

CC: Richard Gammick, Joshua Wilson, William Silcox

===============

Aug 9, 2007

William H. Silcox
PO Box 4532
Incline Village, NV 89430

Richard A. Gammick
District Attorney, Washoe County
PO Box 30083
Reno, NV 89520

Dear D.A. (Gammick),

The Nevada Supreme Court on December 28, 2006 (Affirmed an Order) which was filed as an appeal (by the Washoe County Assessor) from a District Court ruling granting petitions for judicial review and complaint for relief under NRS 361.420 and overturning a decision of the Nevada State Board of Equalization regarding real property located in Washoe County. The case had been heard in the First Judicial Court, Carson City, Judge William A. Maddox, presiding.

Your office, including you, District Attorney Richard A. Gammick and Washoe County Deputy District Attorney E. Terrance Shea, represented the appellants Washoe County and the Washoe County Assessor, who appealed this District Court’s ruling to the Supreme Court.

The conclusion reached on this appeal by the Nevada Supreme Court was that “those methodologies (used by the Washoe County Assessor, Robert W. McGowan) are unconstitutional however, because they are inconsistent with the methodologies used in other parts of Washoe County and the entire state. Therefore, for reasons discussed above, we affirm that District Court order”. Justices Rose, C.J., Beckel, Gibbons, Douglas, Parraquirre, and Hardesty J.J., concur.

“The District Court Order” confirmed that the Washoe County Board of Equalization’s decision to “roll the taxable values of residential parcels in Incline Village and Crystal Bay to 2002/2003 values was correct”.

Now the question that comes to mind is, why would you, the District Attorney of Washoe County take the side of the Washoe County Assessor against the Washoe County Board of Equalization in favor of the Washoe County Assessor (R. W. McGowan) on an appeal before Judge William A. Maddox in the first Judicial District Court, Carson City?

This whole matter was precipitated by a group of Incline Village / Crystal Bay citizens’ appeal before the Washoe County Board of Equalization on March 8, 2006. The Washoe County Board of Equalization ruled that the taxable values on residential parcels in Incline Village and Crystal Bay be rolled back to 2002/2003 values.

Apparently, under your guidance, the Washoe County’s Board of Equalization’s decision was appealed to the Nevada State Board of Equalization, the Nevada First Judicial District Court, and finally the Nevada Supreme Court. Other than the Nevada State Board of Equalization, the Washoe County Board of Equalization decision was upheld by the First Judicial District Court and the Nevada State Supreme Court.

Bob McGowan, the Washoe County Assessor was using “unconstitutional methodologies”. Why didn’t you as District Attorney for all of Washoe County take the side of the Washoe County Board of Equalization, (hence the citizens of Incline Village and Crystal Bay) instead of the Washoe County Assessor?

Why give the Washoe County Assessor preferential treatment?

Especially when he was using “unconstitutional methodologies”, which the Washoe County Board of Equalization could figure out, but your office couldn’t? After all you are a lawyer.

Is using or doing “unconstitutional” methods the same as breaking the law? If so are charges against the then assessor McGowan and the now assessors Josh Wilson, who determined to ignore the decision of the Nevada Supreme Court by not abiding by the Dec. 28th ruling, to be initiated? If so when?

Please advise.

William H. Silcox
PO Box 4532
Incline Village, NV 89450
Incline Village parcel No. 131-225-15

CC: Josh Wilson

PS. Are you taking action to see that legal “methodologies” are used by the assessor?

PPS. What did it cost us, the citizens of Washoe County, to have you defend “unconstitutional” activities?

PPPS. If we, the citizens of Washoe County, the Washoe County Board of Equalization, the First Judicial District Court and the Nevada Supreme Court, could figure out that what Assessor McGowan was doing was wrong (and subsequently ruled unconstitutional) why couldn’t you? As District Attorney, you must have some idea of what is legal and what is illegal?

PPPPS. How long is it legal to not act on decisions of the Nevada Supreme Court? The assessor’s decision, that only the 17 IV & CB citizens that were represented at the NV Supreme Court, was over ruled by the Nevada Supreme Court this week. All are eligible!

And yet good old Josh continues to stall – what will Josh do next? Or you, for that matter?

PPPPPS. Who does enforce the law in Washoe County?

PPPPPPS. Why did you appeal Judge William A Maddox’s decision? Do you know the law better than the Judge?

Please Advise.

# # #

---------------------------------

Village League to Save Incline Assets, Inc.
Non-Profit Corporation - FEIN 88-0399029
1165 Vivian Lane, Incline Village, NV 89451
Phone: 775-831-4011, Fax 775-831-0325
Email : mingemanson@charter.net