The state is seeking a “stay” as part of its fight to overturn Schoharie County’s solar and wind tax law win.
If the stay is granted, it would leave assessments where they are while the state appeals the Albany County Supreme Court ruling that found its assessment formula unconstitutional.
The request for the stay was filed before Sullivan County Judge James Farrell Friday.
Dylan Harris of Whiteman Osterman & Hanna had until 5pm Monday to file the county’s response or request an extension.
“Good Friday,” said supervisors’ Energy Committee chair Don Airey Monday; he was both surprised and not, he said.
“They’ve made it clear, they’re going to fight this tooth and nail. They do not want to acquiesce. We’ve made them an offer…there’s no embrace of that at all.”
The filing comes as assessors across New York State are recalculating taxes on land being used for solar and wind.
If the stay is granted, Mr. Airey said, it will return the state’s tax formula to status quo while Judge Farrell decides the appeal, something expected to take 6-8 months.
That’s a big deal in the Town of Sharon, where the difference between the heavily-discounted Real Property Tax Law 575-b—what Judge Farrell ruled March 3 is unconstitutional---is a difference of $3.5 million in tax revenues.
The state filed its appeal April 3.