WPCNR WESTCHESTER LAW JOURNAL. From McCullough, Goldberger & Staudt, Village Attorney, Town of Mamaroneck. October 2, 2013:
The Village of Mamaroneck has won a key victory in tax certiorari proceedings that challenged the real property tax assessments of property within the Village.
The property, known as Hampshire Country Club, is located within the Village of Mamaroneck and the Town of Mamaroneck, which are separate municipalities and separate assessing units
Hampshire Country Club and its successor, Hampshire Recreation LLC, challenged the Village’s 2010, 2011, and 2012 assessments and claimed the property was over-assessed based on its market value. In separate proceedings, Hampshire Recreation LLC also challenged the Town of Mamaroneck’s 2011 and 2012 assessments on the same grounds.
Joanna C. Feldman of McCullough, Goldberger & Staudt, LLP, the Village’s attorney in the case, noted the Village and Town conceded that for certain years, the property was over-assessed, but only to the extent that such equalized assessments exceeded the $12 million price at which Hampshire Country Club sold the property in 2010 to Hampshire Recreation LLC in an arms-length transaction that was not abnormal in any way.
The petitioners argued that the sales price was irrelevant and not reflective of the value of the property as a golf club.
After a bench trial before the Honorable Bruce E. Tolbert, Justice of the Supreme Court of the State of New York, during which the Village and Town were represented by separate counsel, the court on September 23, 2013 rejected the petitioners’ argument and their appraiser’s opinion that the property’s value for the years in question was, on average, $4.5 million and determined the $12 million sales price was the best evidence of value.
McCullough, Goldberger & Staudt, LLP was established in White Plains in 1984. Its specialties include land use, environmental, municipal and construction law.
The Goldberger in McCullogh, Goldberger & Staudt is the legendary White Plains attorney, Charles Goldberger.