Friday, attorney Robert Rosborough IV of Whiteman Osterman & Hanna filed the 25-page response to the request for a “stay” on Real Property Tax Law 575-b while the state appeals Sullivan County Judge James Farrell’s March 3 ruling that found it unconstitutional.
Under Judge Farrell’s ruling, projects like NextEra Solar in the Town of Sharon will be assessed at 100 percent of value–starting now.
The state wants that on hold while it appeals.
Essentially, Mr. Rosborough said, there’s no basis for the stay; Judge Farrell’s ruling simply returned the “power” for determining how to value and tax solar and wind to local assessors.
“...the state has not been commanded to take any particular action at all as a result of the Supreme Court judgment,” he wrote, so there’s no basis for a discretionary or automatic stay while the decision is appealed.
The appeal is expected to take 6-8 months to be decided.
Blenheim Supervisor Don Airey, listed as the petitioner in the May 9 filing, said they’re hoping to hear on the state’s request for the stay by the end of the month.
“Staying the Supreme Court judgment midstream would force assessors to change their 2025…valuations…which will only shift that tax burden onto every other property owner within their municipalities,” Mr. Rosborough wrote.
Friday’s filing includes testimony from Charlene Ruszkowski, the assessor for the Town of Sharon, which stands to lose millions in taxes if the state appeal is successful.
In her submitted testimony, Ms. Ruszowski said the requested stay isn’t warranted because solar and wind project owners already have the right to “grieve” their assessments at Grievance Day; with a stay, there’s no mechanism to make other taxpayers “whole.”
“The state, in contrast, will not suffer any harm,” if the stay is granted and RPTL 575-b goes into effect, even just temporarily.
If it turns out they’ve overpaid their taxes, the solar companies can easily challenge this year’s valuation; the process is already in place.
“Obviously, we feel we’re in a good position,” Mr. Airey said Monday.
“Judge Farrell has already ruled in our favor. There’s no reason for the stay; the state has already filed an appeal.”