Pensacola Beach Blog: You're Getting Mail

Thursday, November 20, 2008

You're Getting Mail

Pensacola Beach residents are getting mail from their tax lawsuit lawyers. Although fully briefed and argued to the trial court in early May, no decision has yet been made on the last remaining legal challenge against Escambia County's effort to impose ad valorem taxes on island residential leaseholds.

One could conclude from this week's mail that the lawyers expect a ruling any day, now. The letter asks for a modest $75 per parcel additional contribution from client-members of the 2004 lawsuit suit.

A copy is not yet on the tax lawsuit web site. But here's a portion of the rationale:

There have been some appellate decisions in favor of the taxing authorities, but Judge Jones could still rule in our favor. If he does, we need to defend the appeal from the other side. In each of the other cases, the trial judge has ruled for taxation and the appeal court has used only one word to express its decision: "Affirmed." Such a decision is not considered legal precedent that Judge Jones would be required to follow. If he rules against us, there are facts in our case and legal arguments available to us tha were not present in those other cases. We remain optimistic that the ulimate outcome here will be favorable.

To be sure, it seems a little like a bad lawyer's joke to get billed for an appeal whose time has not yet arrived. But they're absolutely right: that was the deal you signed up for and regardless who wins there will be an appeal.

If you signed up and paid your initial $200 per leasehold parcel, you're in for a pound. May as well be in for a penny more, don't you think?

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