Lois Spence, with her attorney John Capo, took her property assessment all the way to Superior Court and won.
Ms. Spence owns a house on the river and her contention was that due to flooding her house is not livable and cannot ever be put back into livable condition. Structural Engineers testified that her house needed to be destroyed and another home built in its place.
The Board of Assessors fought Ms. Spence and stated she should be paying the full amount of taxes on her improvements even though she cannot live in the house.
Open records reveal that from 6/5/2009 to 9/23/2009, the Gilmer County Board of Assessors has spent almost $11000 to fight Ms. Spence. They also revealed on 9/21/2009 that the Board spent $1500 on a conference between the Board of Assessors lawyer and Tax Assessor personnel Dawn Pruitt, Stan King and Connie Smith regarding their testimony at the trial.
The Honorable Oliver Harris Doss, Jr., Judge heard the case #2007-SUCV-67 on September 21 to September 23, 2009 at the Gilmer County Courthouse.
Judge Doss ruled in Ms. Spence’s favor and it is not known if the Board of Assessors plans to appeal. Appeals will incur even more spending of taxpayers’ money.
All documents pertaining to Ms. Spence’s case have been placed here in a PDF format for citizen review.
It should also be known that since Ms. Spence won, her attorney’s fees are to be paid by the Gilmer County citizens. It was also discovered that 2 Gilmer Commissioners called Ms. Spence’s attorney, John Capo, and asked for a reduction in his fees.
Seems a little late for Commissioners to start showing an interest.
Commission Chairman Mark Chastain has made it clear to citizens that he cannot do anything with the Assessors department. He has stated several times that they are beyond his control. The Georgia Department of Revenue Code section 48-5-295 & 48-5-295.1 clearly states what the Commissioners can do. Does Chairman Chastain really not know or is he just trying to pass the buck?
Code Section 48-5-296 clearly shows what the citizens can do in the event that the Tax Assessors Board does not properly and impartially discharge their duties. It’s time to get these people out of office.
When the State Department of Revenue came in over 3 years ago they stated that Gilmer County needed to be evaluated equally amongst all its citizens. Right now today there is more inequality than at any other time in Gilmer County history.
As a side note it should be known that there are 8 more citizens that have filed to fight the Assessors in Superior Court and there are 12 other cases sitting in Chief Assessor Dawn Pruitt’s office that have yet to be filed. Come on Ms. Pruitt. These 12 people have paid their money. Why have you not filed on their behalf like you are supposed to do? Do your job.
Also there is a citizen that has written a letter to the Board of Assessors Chairman Jeff Holloway stating that he went to the Tax Assessors office and when he left Ms. Pruitt thought he was gone and to her office staff called this citizen stupid. Real class Ms. Pruitt. (This letter will be used in another story about the behavior of our Chief Appraiser).
At present there are 2 groups that want interested citizens to show up and learn how to fight the bureaucracy that is Gilmer County government.
One is the Gilmer Tea Party and their contact is Jack Smith at 706-635-3831.
Another is the Gilmer Citizens For Fair & Open Government and they are holding their first meeting December 1. Their contacts are Dale Sparks at 706-972-0004 and Michael Mull at 706-669-8881.
Call these people and let your voice be heard.
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Isn't it true that this so called "honorable" judge voluntarily resigned for allegations of inappropriate conduct??? Do a quick Google search.
ReplyDeleteDoes an (unrelated) voluntary resignation mean that the merits of this case are void? What does his resignation have to do with this case? I think nothing. Or- does a resignation render all his previous cases a mistrial? How far back do you go?
ReplyDeleteAnonymous above has a weak argument.
Yes I do think it's void. If a judge is corrupt, which certainly seems to be the case, how can they conduct court fairly?? Noone likes taxes, Gilmer has a reputation across the state for politcal corruptness. Trying to get people thrown off boards and fired will not make the tax burden go away.
ReplyDeleteJudge Doss' decision is not voided and will stand up. I do know a couple of items on the complaint against the judge was that he allowed his family to use government computers, he told the Pickens Sheriff that he wanted only males as baliffs in his court and that he sometimes took a while in signing paperwork that he made decisions on. For example, when he rendered his decision on the Spence case it took him over 4 weeks to sign that ruling and then see that it got filed in Superior Court. It should have taken 3 days.
ReplyDeleteNow the Gilmer County Board of Assessors may file an appeal in this case (thus costing the county even more money) because Judge Doss was relieved of his duties.
Why is the Board of Assessors fighting Ms. Spence over her taxes. If you read the documents you can clearly see that the Assessors office is in the wrong and this should have been resolved a long time ago.
If the Tax Assessors Board and the Assessors office are not clearly holding up the trust of the public then they do need to be taken off the board or dismissed from their duties at the tax assessors office.
Why not look at some prominent citizens tax records and see where they have clearly had their taxes lowered well below the surrounding areas and the people next to them have not had theirs lowered.
Say you have 10 lots all in a row and 3 of those lots are owned by a single prominent person. This person goes to the Tax Assessors office and has his lowered by 50%. With all things being equal those other 7 lots should have theirs lowered that 50% also. Then you would have all 10 lots equally assessed and all owners pay their fair share. Is that not what you're looking for. All people pay their fair share and no one is shown favoritism. We are more unequal now then at any point in the past 10 years. Why?
Because our Chief Appraiser and our Board of Assessors clearly favors some citizens over others and it is verifiable.
When the state came in an evaluated our Tax Assessors office they clearly stated that the Tax Assessors office was to go and visit each parcel in Gilmer County. That meant that they must see each parcel. We have over 35000 parcels in our county.
Do you remember that meeeting at the elementary school when the commissioners were booed when they came out. Do you remember Ms. Pruitt stating that the Assessors office saw each and every parcels in this county. It appears that Ms. Pruitt was not telling the truth. In appeals since that meeting it has come out time and time again that the Tax Assessors office did some mass appraisals on large tracts and did not see each parcel. Do you think Ms. Pruitt and the Board of Assessors has the good will of all its citizens when they tell these supposedly tall tales.
I've looked at open records, I've reviewed various property cards of a wide range of values and quite frankly they don't have my trust.
One anonymous said Gilmer County has a reputation for political corruptness then states throwing people off boards will not make the tax burden go away. Throwing people off of boards that has clearly violated the trust of its citizens is a start. While it may not take the tax burden away it will start the process of making citizens pay their fair share no matter who they are. It will start the process of not neccessarily lowering peoples taxes but raising peoples property taxes that have the influence of having their taxes lowered just because of who they are. Seems fair to me.
The Ellijay News
It is ridiculous and sensational to think that anybody is trying to make any tax burdens go away.
ReplyDeleteI do think that removing inept tax administrators is a wise choice. Anonymous #1 misses the point entirely.
The judge who resigned is another issue altogether. I agree with Anon. #2 in that his prior decisions are still valid even if he no longer sits on the bench. Gee, I hope the divorce that judge Doss granted my sister 8 months ago is still in force! (if Anon #1 had their way- ha ha)
you must remember this. The Spence trail and all of the other Superior Court trails will be jury based. Our peers get to decide.
ReplyDeleteIt will be interesting to see what the Tax Assessors Board decides to do when they lose.
The Board of Equalization is made up of property owners and the Board of Assessors would listen to them and go along with what they decide so a jury of land owners should make the Board of Assessors mind them also.
The Board of Assessors should not appeal a jury trail for the simple reason that land owners (jurors) are telling them they did wrong and found against the assessors. If the Board of Assessors appeals then they are fighting the very people they are upheld to serve.
Again, the judge presides but the jury decides and the Board of Assessors should follow and live by what the jury does decide.
The Ellijay News
Are the values on your property what you would take if someone offered? I say in most cases no! That's what the assessors office does, they have no control over what you pay in taxes, completely seperate. So are senior exemptions fair..? What about conservation use covenants?? Most people would agree yes, after all they always pass when they're on the ballots. These only shift the tax burden to someone else...is this fair? If you keep shifting the burden and lowering values, guess what, the millage rate will increase.
ReplyDeleteThe way the Assesors office has most average citizens values inflated, I would say "yes". My assessed value is over 32% more than my actual fair market value. In as much as our taxes are paid on values set by the assessors office, I would say that the tax assessor has alot of control over what we pay. All properties need to be assessed fairly and accurately according to the LOCAL market value.
ReplyDeleteThe only people I know who wouldn't sell are the priviledged few who have their properties undervalued i.e. personal friends, people of local influence, developers, BOE members, and others who have recently had their values ridiculously reduced to lower their tax cost.
Farmers and the elderly are given tax breaks under LAW. The reductions that are given the others aforementioned are descretionary, arbitrary, capricious, and WRONG.
It all starts with the tax assessors appraisal.
So.... let's have fair and equitable appraisals for ALL citizens.
Has your value always been wrong, or just due to recent reappraisals? If you truly want fairness for ALL citizens, then would you go to the assessors office if you were undervalued? I'm guessing no.
ReplyDeleteFrom what I understand you have a right to appeal your property value. I also believe you can go before a board of your peers to argue this value. If your value is over 32% more than what you think its worth...then why haven't you appealed it, or maybe you have and you lost and are bitter about it? Those board members represent you just like jurors do, am I correct? So if they agree with the assessors office, you must be wrong, but I guess your saying they favor the assessors office? bold statement.
Farmers? in north GA..bahaha...you must be kidding. I say timber companies have rubbed elbows with law makers over the years to push those laws through. Local laws are passed by citizens of Gilmer, that's the "wellfare exemptions" I speak of.
Maybe the tax assessors should slash assessments 50% across the board, would that make you happy? Not likely because the comm. will raise the millage rate to makeup for lost revenue.
Dear misguided friend above -you are terribly mistaken. Your lack of understanding is indicative of most un-informed citizenry in the county.
ReplyDeleteAs a matter of fact, I did appeal my assessment. I took two other independant appraisals on my property to the BOE and discovered (much to my dismay) that the BOE is only there to make sure that the assessor followed department procedures in your assessment. NOT to determine if they reflect actual market value of your home.
I then appealed to the Superior court and settled to my advantage.
In an ideal world, ALL county employees are supposed to represent the best interest of ALL citizens. But unfortunately, such is not usually the case.
I agree with the CFFOG in that they want fair and equitable assessments for ALL citizens. I don't have a problem with paying taxes, I just want them to be fair and justifiable. Did you ever hear of taxation without representation?
When the county needs money for whatever reason, they could raise the millage rate.
But (politically speaking)it is far easier to inflate property assessments to generate additional revenue than to be the politician responsible for raising tax rates.
Another "bold statement" here- I will continue to support the CFFOG in their efforts to bring logic and reason to our county government. Even though I have attained my objective with regards to my values. Someone must continue to speak and act for our posterity and those in our county who have no voice or are in fear of speaking out.
Care to join us?
-FDS
Apathy Destroys..........
ReplyDeleteYou bascially avoided every question I asked above. You must be a miserable bitter person with a nonexistent life outside this blog.
ReplyDeleteSounds more like a personal vendetta than a lack of fairness, maybe I read into things too much. Good luck on your quest to bring down the tax system.
I don't think the lady above reads anything at all, for if she did you could see that all of her questions were answered. Rather than have a healthy, intelligent debate about the issues, Anonymous above has reduced to insults as a way to excite a response. I suppose it worked-I responded.
ReplyDeleteRespectfully,
H. Hopkins
How exactly can you tell it's a lady?
ReplyDeleteAssumptions-hence personal vendettas as mentioned before.
Disrespectfully,
Ron Mexico
PS
I see Mark Chastain is out for tax reform, it's great reading how undeducated he is about the tax system. Keep up the good work guy!
Wow! Someone has been watching too much Fox News. I have never seen so many speculations drawn from as many assumptions as Mr Mexico has. As argumentative as he is I could see where one would thing Mr. Mexico is a woman! (ha!)
ReplyDeleteI can't wait to see what sumliminal statements/assumptions are drawn from my post here!
-FDS
Did anyone other than Mr. Mexico say that Mr Chastain was un-educated?
"To secure our rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever ANY form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles as deemed equitable and safe."
ReplyDelete-Abraham Lincoln
(as phraphrased from 1860 inauguration speech quoting the Declaration of Independence)
Amazing Citizens for Fair and Open Government...It is a great thing that you are doing here within the county. A voice of reason and truth. I have always heard that great spirits have always received violent opposition from mediocre minded people. Appears that individuals responding in sorted names who are currently unaware of what is going on around them are both childish and ignorant to the real world. They have to convince themselves that this is some sort of game. It isn't. The people of Gilmer County are very serious about what is happening in Government. So continue to make such pathetic comments as you will see our intentions are for real and we will continue on our journey and have no doubt...there is power in numbers. SLM
ReplyDeleteFrom the Editor.
ReplyDeleteThere is absolutely more information that is still to come out.
The people do not realize yet just what the Board of Assessors and the Tax Assessors Department has done to the citizens.
Our Chairman of the Board of Assessors stated no one will get him out of his position and he is there for as long as he wants to be there. That statement in itself clearly shows his position. No one has ever said they wanted him out of his position. After all the facts are revealed the citizens can say that, and they will, but until then all the basic person wants is for any government office be run with honesty and fairness for all. Whether its the Commissioners office, Tax Assessors office or any other government office.
I approached a Board of Assessors member and told him of several things that are going on in the Assessor's office.
One item was that the most recent hire of a Chief Appraiser Assistant at $70000 per year was doing work in the Gilmer County Courthouse for another company. This has been noticed by several people with some of these people being Tax Assessor employees. This Board member said he ask the employee about it and the person said no, so the member says he believes him and will not pursue this any further. This Board member has his sights set on making this person the new Chief Appraiser. It appears this employee has erased all his files on his office computer at the courthouse but the central server has all these items saved. I recommended to the Board member that he check this way and he can find out just who is not being up front. He doesn't want to do that. I wonder why?
A citizen goes to a Board of Assessors member and states some information and the Board member does not pursue it. Yet he has no problem telling people that the citizen to report this is a troublemaker.
I want to thank you Mr. Board of Assessors member. You just made me and a whole bunch of Gilmer County citizens feel like we're George Washington, Thomas Jefferson, Ben Franklin and Button Gwinnett all rolled into one.
To Snoop Diggety Dog. When you post don't run around and tell everyone what you did. The Tax Assessors office has enough to overcome as it is.
A tragic item in all of this is the fact that our Assessors office has some good people that are working there and they want to come forward but when your boss is running around threatening everybody; well lets just say job security is #1. These are tough times.
If you need help then go to those CFFAOG guys and let them help you.
Finally, to the tax assessor employee that carries a rifle so they can hunt while they are evaluating Gilmer property. Don't do that, you could lose your job.
Yes, FDS I agree with you 100% on the filtering. Appears that the people using sorted names and writing things that have no bearing on the subject matter should simply be deleted. I see so much inmaturity here and if I were a guessing woman I could probably tell you exactly who it is. Amazing that she even has time to be on facebook or the internet. Oh but that person is one of the office butt-kissers or should I say the boss's butt-kisser, so I can see why she might be doing what she is. Rather commical don't you think. A grown woman has to act like a child and write in a manner that is even moreso childish. Amazing isn't it. I guess when you've worked somewhere for nine years and have the reigns it is easy for one to think they can go whereever they desire. The only problem here is that they have no idea how to ride the horse they are on. WOW! SLM
ReplyDelete