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WRIT OF MANDAMUS

Posted by Monte Bowman on December 7, 2015 at 8:40 PM

As many owners may know we filed a law suit in the Douglas County District Court against the Douglas County Assessor's Office and a Writ of Mandamus was issued. This first legal action against the assessor was done by the law firm of White & Jorgensen.


http://www.omaha.com/news/metro/douglas-county-aims-to-reduce-property-valuation-disputes-by-opening/article_f4075aaf-7019-5390-b34c-9ef31d6e07cb.html


There are other takes on this news as well.


http://www.washingtontimes.com/news/2015/feb/23/nebraska-judge-says-property-valuation-information/

http://journalstar.com/news/local/govt-and-politics/judge-says-property-valuation-information-needed/article_5043bf7a-be72-57e8-8267-ba0ae92c593a.html


What we were arguing about what was WHAT IS THE BASIS FOR ANY CURRENT YEAR'S VALUE? That may sound simple but not so when dealing with the Douglas County Assessor's Office. The BASIS FOR VALUE for the last 10 years was not created when the value changed. If you filed a protest to that change in value then an ASSESSMENT REPORT was created and given to the REFEREE whether you attended the hearing or not.

The new law in 2014 said you got to see a REFEREE and present mitigating evidece toward your value. This new law also states that when that information was given to them and that information would change the valuation, then the assessor is obligated to use that information in the valuation of your property.

This was important because PROFIT & LOSS STATEMENTS were being ignored. The last time PROFIT & LOSS STATEMENTS were used in the valuation by INCOME BASIS was in 2009. They were threatening owners that if divulged the information that they would make that information public.


http://www.hotel-online.com/News/PR2009_3rd/Jul09_TaxValuation.html

http://www.ketv.com/Innkeepers-Protest-Skyrocketing-Property-Valuations/10178920


Now, by law, the assessor must again start using the information supplied by the property owner and make adjustments accordingly. 



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