Agenda

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ARF- 1863

Regular Agenda Item 2- K

Regular BOS Meeting

Meeting Date:	06/04/2013
Submitted For:	Bryan Chambers
Submitted By:	Bryan Chambers, Chief Deputy County Attorney, County Attorney
Department:	County Attorney
Fiscal Year:	Tax Year 2013	Budgeted?:	No
Contract Dates Begin & End:	Tax Year 2013	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

Land Holdings Investment Co. LLC. filed an appeal in November 2012 of the assessed valuation of property it owns in Gila County commonly referred Wood Canyon Ranch arguing that the property should have been assessed agricultural or ranching property. The Gila County Assessor’s Office has reviewed the complaint and has helped the County Attorney’s Office in negotiating a proposed settlement of the lawsuit. This item is to request the Board of Supervisors’ approval of the proposed settlement.

Background Information

Based upon information supplied by the taxpayer and verified by the Assessor’s Office, the proposed settlement would assess the property as agricultural or ranching property.

Evaluation

Based upon information supplied by the taxpayer and verified by the Assessor’s Office, the proposed settlement would assess the property as agricultural or ranching property.

Conclusion

If the Board of Supervisors approves the proposed settlement, the property will be valued as agricultural or mining property.

Recommendation

The County Attorney’s Office recommends that the Board of Supervisors consider the proposed settlement. Since this involves the possible settlement of a lawsuit. The County Attorney’s Office recommends that if the Board wishes to receive legal advice on this proposed settlement, that it move to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) to receive legal advice from its attorney. Additionally, if the Board desires to instruct its attorney in how to further proceed in settlement negotiations with Land Holdings Investment Co. LLC., that the Board go into executive session pursuant to A.R.S. § 38-431.03(A)(4) in order to instruct its attorney on how to proceed in settlement discussions regarding the lawsuit.

Suggested Motion

Information/Discussion/Action to approve a proposed settlement to resolve a lawsuit currently pending in Arizona Tax Court titled Land Holdings Investment Co., LLC vs. Gila County, NO. TX 2012-000130. Pursuant to A.R.S. § 38-431.03(A)(3), the Board may go into executive session to receive legal advice from its attorney. Pursuant to A.R.S. § 38-431.03(A)(4), the Board may go into executive session in order to instruct its attorney on how to proceed in settlement discussions regarding the lawsuit. (Bryan Chambers)

Attachments
Complaint
Answer
Settlement Summary
Notice of Settlement
Proposed Judgment