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HomeMy WebLinkAboutMINUTES - 07131993 - 1.147 NORRIS `sA NORRIS RICHARD E.NORRIS HILLTOP OFFICE PARK TELEPHONE M.JEFFREY MICKLAS DOUGLAS C.STRAUS 3260 BLUME DRIVE, SUITE 200 (510) 222-2100 CY INJ COFFEY N COLIN RICHMOND, CALIFORNIA 94806-1961 JOSHUA G.GENSER FACSIMILE EDWARD L.SHAFFER (510) 222-5992 DAVID S.SMITH SHARON M.IVERSEN MATTHEW J.WEBB JUSTIN D.SCHWARTZ NOEL M.CHAIN-CAUGHMAN RECEIVED J.ERICK DIMALANTA June 30, 1993 JUL CLERK BOARD OF SUPERVISO CONTRA COSTA CO. Clerk Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 Re: Bill Nos. : 91-0543252; 91-351841; 91-055066; 92-054595 Dear Clerk: We represent LenComm, Inc. , dba Bay Cablevision. Enclosed please find a Claim for Property Tax Refund. Please forward the original on to the Board of Supervisors, stamp the copy received and return it to us in the enclosed envelope. Very truly yours, NORRIS ORRIS, P.C. BY JOSH-- G. GENSER JGG:dac Enclosures CSC: �}55esSOr i re c&Sccrer C 61t'-1sC'- \DOC\80029007\80379 CLAIM FOR PROPERTY TAX REFUND JULI CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. The undersigned, as attorneys for Lencomm, Inc. , dba Bay Cablevision, the Claimant, hereby makes this Claim for Refund of Property Taxes on behalf of the Claimant pursuant to Revenue and Taxation Code §5096 and §5097, and demands that the Board of Supervisors direct the Controller of Contra Costa County to refund or credit to Claimant the following sums: BILL NUMBER REFUND OR CREDIT 91-054352 $ 93, 387. 03 351841 $ 64,694.70 91-055066 $287,698.58 92-054595 $ 94, 681. 35 plus interest at the legal rate. In support of this claim the undersigned states: 1. The Claimant is and at all times was a corporation duly organized and existing under the laws of the State of California, with its principal place of business located in Richmond, Contra Costa County, California. 2. The Assessor of Contra Costa County, on September 13, 1991, entered onto the property tax rolls a revaluation of the base year value of Bay Cablevision's possessory interests located in the City of E1 Cerrito because of a change of ownership which occurred on October 30, 1987. That revaluation was an exercise of the Assessor's judgment, and the entry on the rolls took place more than four years after July 1 of the assessment year for which the base year value was first established, in violation of Revenue and Taxation Code §51.5. 4. The above-listed Supplemental Assessment was made more than four years after July 1 of the assessment year in which the property was allegedly underassessed, in violation of Revenue and Taxation Code §532. 5. The above-listed bills were paid in full by the Claimant, with the exception of the escape assessments which Claimant is paying in installments pursuant to Revenue and Taxation Code §4837. 5. 6. The Claimant is entitled to refunds of those taxes (and credits for the installments which have not yet been paid) because they were (a) illegally collected and (b) illegally assessed or levied. \DOC\60029007\80311 1 7. No refund of those taxes nor of any part of those taxes has previously been made, although a partial refund may be imminent because of a recent recalculation of the valuation by the Assessor. I declare under penalty of perjury that the f regoing is true and correct. DATED: June 30, 1993 �- - NORRIS & NGItRIS, P.C. BY: JOSHUA—G. GENSER \DOC\B0029007\80311 2