A judge has denied the state’s efforts to dismiss a local challenge to its unfair tax assessments for solar and wind projects.
If the State Supreme Court eventually decides in Schoharie County’s favor, it could mean hundreds of thousands of dollars in property tax revenues.
But there’s still one issue on the table:
Whether the plaintiffs—the Towns of Carlisle, Cobleskill, Conesville, Esperance, Jefferson, Middleburgh, Sharon, and Summit, along with Don Airey of Blenheim and Cynthia West of Cobleskill, have “standing”—the right to challenge changes made by the State Department of Taxation and Finance slashing taxes for solar and wind projects by nearly 75 percent.
To have standing, parties to a lawsuit must prove they’re harmed by an action.
That’s a no-brainer, said Mr. Airey, who’s chair of supervisors’ Energy Committee.
In the Town of Sharon, the changes would reduce property taxes on the NextEra solar project from $2.9 million—going to the town, county, school fire district, and library--to $477,727 a year.
“We won two out of three,” Mr. Airey said of the December 6 decision by Judge Julian Schreibman.
Judge Schreibman dismissed the state’s argument that the challenge was “untimely”—filed too late—and that it didn’t include NYSERDA or the New York State Assessors Association, who might be affected by the decision.
Judge Schreibman gave the state 20 days to address the issue of standing.
“Reading the tea leaves,” Mr. Airey said, “it looks like the judge is not happy.”
The typical timeline for a request like Judge Schreibman’s is at least 30 days, he said.
“But 20 days in the middle of Christmas? I’m as confident as I can be. If we win on the grounds that what the state did with this is unconstitutional all bets are off.”
But if they win on the grounds that the process was flawed, the state will just rewrite the laws again, Mr. Airey said.
“No matter what happens, we’re not giving up. We’re doing our best against all odds.”