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?

Dept. of Pensacola Beach Blog Precedents

Judicial End Run
Sept. 19, 2008
Portofino: Killing the Golden Goose
Aug. 25, 2008
Double Your Taxes, Double Your Pain
Aug. 15, 2008
Injustice Repeated
Aug. 10, 2008
Dark Secrets on Pensacola Beach
Aug. 7, 2008
Reporter Bests Florida Appeals Court
Aug. 6, 2008
The Beach Meet: Dueling Reviews
June 18, 2008
Beach Tax Lawsuits Explained
May 13, 2008
Deceit Beach: Reply to a Critic
May 10, 2008
Pensacola and Navarre Beach - Back Then
May 9, 2008
Must-Have Pensacola Beach Book
May 7, 2008
Beach Deeds, Taxes, and Stare Decisis
May 3, 2008
Island Deeds for Taxes Resolution
April 28, 2008
Beach Lawsuit Tanked
October 23, 2007
For Whom Bell Tolls: Portofino Taxes
April 3, 2007
Judge: Beach Businesses Subject to Taxation
November 28, 2006
Tax Suit Memory Jogger
May 9, 2006
Island Parable
March 12, 2006
An Airline
Mar. 3, 2006
Hey Y'all
Feb. 19, 2006
Beach Tax Update
February 12, 2005
Beach Tax Settlement In The Wind?
Feb. 6, 2006
Court Rejects Beach Tax Appeal
February 3, 2006
For Sale: Beach Evidence!
January 27, 2006
Navarre Beach Tax Ruling
June 18, 2005
Beach Tax Update
Feb. 12, 2005
Tax Update
January 26, 2005
Beach Leaseholders' Lawsuit Filed
Dec. 21, 2004
Bell vs. Bryan I (1987)
Nov. 19, 2004
Beach Tax Litigation
Nov. 10, 2004

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