Pima Residents To Pay For Assessor Staples Primavera Foundation Lawsuit

Pima County residents are on the hook for $47,340 in attorney’s fees and costs in a case brought against the Primavera Foundation by Pima County Assessor Bill Staples. In a ruling against Staples, Judge Catherine Woods found that the Assessor did not “properly evaluate or define indigency for purposes of granting or denying statutory property tax exemptions.”

According to a memo dated September 14, 2016, David W. Krula, Deputy County Attorney:

Per your request, a brief and limited history of this litigation follows. Primavera sought property tax exemptions from the Pima County Assessor for several residential properties, located primarily in the City of South Tucson, for tax years 2011, 2012, and 2013. The Assessor denied the exemptions based upon his determination that the properties did not qualify for exemption under A.RS. § 42- 11107 (property of charitable institutions for the relief of the indigent or afflicted). Primavera filed suit arguing, in part, that the standard the Assessor created to determine “indigency,” and which the Assessor applied to the subject parcels, was too strict.

During the course of the litigation, the Assessor requested and obtained outside counsel. From that point forward, at the direction of the Board of Supervisors, the role of the Pima County Attorney’s Office primarily was limited to monitoring the litigation on behalf of Pima County. Prior to trial, the judge granted the Assessor’s motion to dismiss Primavera’s claims for tax years 2011 and 2012.

The case proceeded to a bench trial in May of this year in regard to Primavera’ s claims for tax year 2013. After Primavera presented its testimony, the judge found that Primavera failed to present evidence that two of the seven parcels were used for charitable purposes during 2013. At the end of the trial, the judge found that Primavera met its burden of proof in regard to the remaining five parcels.

“The current Pima County Assessor has been wasting our taxpayer dollars. In August of 2016, he cost the taxpayers of Pima County over $46,000 in attorney’s fees and costs because of his refusal to grant a rightful exemption to the Primavera Foundation. This amount does not include his paying his own private attorney to represent him in the case, which was an additional $47,340. The reason for his private attorney? The current Pima County Assessor cannot get along with the County Attorney’s Office and hires private attorney’s at the taxpayers’ expense to represent him in his frivolous lawsuits. Which means a dispute over $15,800 worth of property taxes cost the Pima County Taxpayers over $94,000,” argued Suzanne Droubie, who is challenging Staples in this General Election.

In her ruling, Judge Wood found that the “…Assessor rigidly stuck to its formula even when he received voluminous and persuasive information that demonstrated that his formula resulted in denial of tax exemptions that should have been granted.”

Droubie says that Primavera is only one of the many businesses, non-profit’s and religious organizations that has been sued by the current Assessor or had to take him to court in order to receive a rightful exemption or reduction in property value.

Pima County Supervisor Ally Miller has argued since taking office that Pima County is driving existing business away and preventing new businesses from coming to the eighth poorest metropolitan area in the country because of the many lawsuits filed. Miller stated, “You may recall the Pima County Board of Supervisors, along with the County Assessor sued Raytheon over property taxes in 2011/12. Suing our largest private employer after the State Board of Equalization had agreed with Raytheon’s assessment didn’t make much sense given the poor track record of retaining businesses in Pima County.”

Kim DeMarco, who is challenging Supervisor Sharon Bronson, stated, “Primavera and other nonprofits in this County are essential. In 2012, our food insecure population was 25 percent and in 2016 it is still 25 percent. Our elected officials continue to waste taxpayer money because they are either inept, or unwilling to do their jobs correctly. These lawsuits continue to make this County a business unfriendly area and hinder those that want to help others. We are the eighth poorest metropolitan area, not the third fastest growing as my opponent would have many believe. Change is needed not only on the Board of Supervisors, but in the Pima County Assessor’s office also.”

Because it is the eighth poorest metropolitan, Primavera provides programs that are essential for County residents. According to Primavera’s website, the group serves “more than five thousand individuals and families living in southern Arizona. Through partnerships with program participants, volunteers, neighborhoods, and a wide variety of community based organizations, businesses, and public entities.”

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