AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date: 

Kevin J. Burke, County Attorney

March 11, 2010

Staff Lead:

Department: 

Tracy A. Gallehr, Deputy County Attorney

County Attorney’s Office

Topic: 

A Resolution To Authorize The County Attorney To Settle The Case Of North Forty Aspen Plus, L.P. v. The Board Of Supervisors Of Fauquier County, Virginia

Topic Description:

North Forty Aspen Plus, L.P., filed two erroneous tax assessment cases against Fauquier County related to two parcels of property they own in Bealeton with rent controlled apartments and duplexes (PIN 6889-35-6574-000 and 6889-35-6574-000).  To defend the litigation, the County Attorney’s Office retained an appraiser who determined that the properties assessed to North Forty Aspen were in excess of their fair market value for the years 2006-09.  The County Attorney’s Office would like authorization to settle the two erroneous tax assessment cases by executing an Order adjusting the value of PIN 6889-35-6574-000 to $7,477,000 and PIN 6899-35-8059-000 to $2,829,400.  The Code of Virginia would require that the Treasurer issue  a refund of erroneous taxes paid with interest at 10% per annum.  The amount of that refund with interest calculated through the end of February was $49,264.36. 

Requested Action of the Board of Supervisors: 

Consider the adoption of the attached resolution.

Financial Impacts Analysis:

None

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Commissioner of Revenue

Treasurer