by Mike Sharkey
Staff Writer
The owners of a parcel of land attached to the Berkman Plaza condominium towers are suing for approximately $20,000 of what they say are excessive property taxes.
The suit was filed Dec. 7 in Circuit Court by Rogers Towers attorney Joseph Stroud on behalf of his client, BP Restaurants, LLC., which does business as The Harbor Companies and owns both Berkman Plaza towers. According to Stroud and the language of the suit, The Harbor Companies is contesting the $903,132 assessment placed on the plaintiff’s property and arguing the land is actually worth $365,000.
Property Appraiser Jim Overton, Tax Collector Mike Hogan and Jim Zyngale, executive director of the Department of Revenue for the State of Florida, are named as defendants.
In the suit, Stroud says “the defendant property appraiser has assessed and placed a valuation of the plaintiff’s property far in excess of just value and in violation of Article VII, Sect. 4 of the Constitution of Florida.” Stroud also calls the assessment “illegal and excessive.”
Normally, when a citizen or business owner wishes to contest a property assessment, they file a grievance with the City’s Value Adjustment Board.
“That is available for commercial property, too, and is something that can lead to a resolution,” said Stroud. “This one involves some unique legal issues and could not go before the VAB.”
The suit seeks repayment of overpaid taxes from 2005 and assessed property taxes from 2006. Stroud says that amount is about $20,000. He would like to settle the case.
“It will go to trial unless it’s resolved,” said Stroud. “We would like to resolve this with the Property Appraiser. If not, then we will have a non-jury trial. It would not be a lengthy trial. This is a common way to resolve an assessment issue.”
Lane Helms is the chief appraiser for the Property Appraiser’s Office. He said this issue has come up in the past, but he’s not exactly sure of the reason for the suit.
“I have to see what their appraisal says and how they came up with that number,” said Helms, adding his office had just gotten the file. “I know how we came up with our number. I am not sure what their contention is at this time.”
Helms explained the parcel of property in dispute involves more than just a site for a future restaurant.
“It also involves approximately 47 parking spaces as part of the deal and a limited common area,” he said. “Part of their contention is that they don’t own the parking spaces and so they don’t want to pay the taxes. My contention is someone is going to pay the taxes on them.”