Saturday, August 18, 2007

Class Action Lawsuit

Huntsville Town and Ogden Valley Residents,

As I ponder our shared predicament and search for emergency help after the predictable failure of the Commissioners and Assessors to listen and act Wednesday night, I am thinking we should join hands and form a Class Action Lawsuit against the County Commissioners and Assessors. It would halt this preposterous tax robbery and give time for organizational opposition to continued tax abuse. It would give us all in this State the chance to demand Jarvis-Gaan, Proposition 13 type legislation to protect unwilling sellers from gross tax abuse and enable retired fixed income home owners to remain in their communities and live in the homes they have sacrificed so much for. A Class Action lawsuit would be only a temporary fix with the same crowd coming after us again next year as promised by Mr. Doug Larson in response to Max's question.

I have a couple of friends who live in the high and rarefied air of Elk Horn subdivision at Wolf Creek and another who lives in a townhouse at Moose Hollow.

Now get this...the Elk Horn couple, with a home taxable assessed at $355,465 this year, had only a 34% increase and when their tax rate is applied only a 22% property tax increase.

The widow living in a showcase Town house is only tax-ably assessed at $234,628 both for 2006 AND 2007!? That is a zero percent assessed value increase and a minus (-) nine (9) percent DECREASE in taxes when the two different year mil levy's are applied.

Now for the most significant point. For these two properties (generalized to all similar in that area) the Certified Tax Rate was .012271 in 2006 and actually LOWER as compared to Huntsville's .01328 tax rate (a difference of .001009). And this year the Elk Horn and Wolf Creek, a high activity sales area compared to Huntsville Town, again has a much lower assessed taxable market value increase rate (34% versus Huntsville's 100%) AND get this! AGAIN a lower certified tax rate (.011703 for Huntsville and .011147 for the Wolf Creek - Elk Horn subdivisions.

Commissioner Dearden said at Wednesday's "Informational Meeting" before almost one thousand (1,000) of us, "We already gave Huntsville a 43% rate reduction." This just might be the truth and the assessor computer just never had the correct tax rate (2006 .01328) properly decreased by 43% to .0075696 instead of the .011703 actually used throughout the entire postal address of 84317. Nothing was granted to Huntsville Town in-spite of all the services we already provide ourselves; water, security/police, fire protection, roads and maintenance, snow removal, etc. Huntsville Town proper was in fact double taxed when these factors are considered.

Now folks this all sounds like very small numbers. But when you consider that currently Huntsville Town residential parcels alone are being tax assessed at a minimum aggregate of $47,362,131 taxable assessments. Actual taxes, based upon the .011703 CTR come to a minimum of $554,279. We should be taxed at Commissioner Dearden's .0075696 CTR, or $358,512...well you can see it makes a significant difference. A $195,767 tax difference.

Let me put it in personal terms. A Huntsville widow, we'll call her "Shirley", has the following actual situation:

2006 taxably 2007 taxably 2006 tax 2007 tax
assessed assessed @.01328 mils @.011703 mils
$75,632 $164,725 (a 117.8% increase) $1004 $1,928 (a 91.9% increase)

Now if "Shirley" were taxed using Commissioner Dearden's 43% decrease in tax rate, as he said was "already given to Huntsville" in front of a thousand people (estimated), Shirley would see a Property Tax Notice saying she owed $164,725 X .0075696 mils or $1,252 instead of the $1,928 Property Tax bill. A savings of $676 or a grocery budget for a family for an entire month. A property tax increase of 24.7% is still too high but relatively speaking - not outrageous. And it is at least in-line with fair and equitable taxation policy mandated by State Law.

I'm sorry gentle folks, but this whole assessment picture is so perverted and upside down I have to think it is time for a class action lawsuit against the Weber County Commissioners and Tax Assessor's Office, unless they recant and back off to something reasonable and damn quick! Outrageous does not describe what we are seeing and hearing from these people. A Class Action lawsuit would put a halt on this whole situation and might even require the County to actually have to pay many a refund for 2006 when and if a fair and equatable tax rate structure and assessments are ever required by court order.

So what say you attorney's out there? McKay, Mr. Curtis, Mr. Goff what is your pro bono opinion on this? And don't send me a freak'in bill either as I have to save up for unexpected taxes!


Regards,

D-Bell
dkbell266@yahoo.com