Though a victory has come for towns and school districts in Nassau County regarding property tax certiorari payments, Herricks Superintendent Dr. John Bierwirth said that the district is still planning to set aside money for this purpose for now.
“We’re in better shape than if the decision had gone against us and we were appealing,” Dr. Bierwirth said at the February 28 meeting of the board of education at the community center. “I think this is a big deal but we can’t exhale yet... It’s a big victory.”
The New York State Appellate Court recently ruled that Nassau County did not have the authority to repeal its county guarantee – which makes local municipalities whole regarding tax revenue on property assessment errors it creates – since it was granted by state law and therefore only the legislature can repeal the measure.
Dr. Bierwirth noted that he believes that local municipalities should be responsible for paying these tax assessment settlements but only when Nassau County cleans up its process for making these assessments.
“Why should we be responsible for their errors?” he asked.
The Herricks superintendent anticipates that this battle over certiorari payments could take another year in court and that the district will continue to fund potential certiorari settlements until an opinion comes from counsel telling the district otherwise.
