Nassau property tax refund case put off

An attempt to legally force Nassau to start paying $102 million in property tax refunds owed to county businesses and homeowners has been put off until March 29.

Nassau Supreme Court Justice Thomas Adams Thursday delayed arguments to allow county legislature Presiding Officer Peter Schmitt (R-Massapequa) and Minority Leader Kevan Abrahams (D-Freeport) to hire attorneys to respond to demands by private tax attorneys for money judgments against Nassau.

At the request of attorney Laureen Harris, Adams had ordered Schmitt and Abrahams to explain why the court should not order them to immediately pay the refunds, with interest.

Harris, the head of Nassau's tax challenge bar, is representing the owner of a small Hicksville office building owed a $112,000 tax refund since September. She said the county's failure to pay for overassessing his property has forced him into foreclosure.

Her suit is the first of three filed by other prominent tax challenge attorneys, with more claims expected. The courtroom Thursday was filled with tax lawyers monitoring the case.

"What we have to remember, this is a refund of money property owners were forced to overpay," attorney John Terrana said outside the courtroom. "They had no choice."

County Attorney John Ciampoli told the judge that the Nassau legislature could end the lawsuits at their meeting March 19 by authorizing the county to borrow $102 million. He has warned of "fiscal chaos" if liens are placed on county bank accounts.

Ciampoli contends Democratic lawmakers, who have refused to vote for the borrowing, are playing politics. He noted they had already told County Executive Edward Mangano they would not authorize borrowing unless the county adopts a fair redistricting process.

But Democrats say Mangano has yet to spend $14 million left from past borrowings. They also complain that Ciampoli has not provided critical information about commercial property tax settlements, including the identity of the property owner, the lawyer and appraisals showing the tax refunds are justified.