Real Estate Tax Issue Legal Filing
Here is a legal filing that our attorney has made in the USVI courts on behalf of the Hotel to 1.) put a stop via restraining order on any idea the GVI has about a “tax sale” of the property on Protestant Cay due to alleged delinquent property taxes and 2.) SETTLE the issue of whether or not we actually even OWE any of those taxes (and get an explanation of WHY) and force the GVI to make a PROPER request for any taxes – including a proper market value determination, a proper application of tax rates – from the proper date (NOT before 2008 in any case), and a PROPER notification of the calculations and request for payment. We also are making a claim for OVERPAYMENT of rents for some years against any “taxes” owed, and making a complaint about the refusal of the GVI to negotiate any lease extension as they were obligated by previous agreement to do. This motion was filed today, January 13th 2012.
Here is the .pdf of the filing. COMPLAINT- converted to PDF-1
UPDATE: Here is the .pdf of the agreement on mediation and the 60 day “stay.” Joint motion & Stipulated Order
It should be noted that Ed Barry has done very good work here on behalf of the Hotel and is to be commended for his diligent and thorough handling of this problem. During the mediation process we hope to be able to clear up (at least) three things:
Property taxes: whether we even owe any, and how much.
The extension of our ground lease to at least 2039.
How much the lease payments should actually be.
It could be presumed that there will also be some clarification of how the Rhode Island court and their “stay” order will be treated in this matter and going forward.