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Maui News article on County of Maui's appeal on WKORV WKORVN tax ruling

DeniseM

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@DeniseM
So this is not considered political, but my post was?
‘certain optical organizations’
In IL, CA, MA, NJ... Gee. not political at all...

Despite rumors to the contrary, ;) I am not omnipresent on TUG. I haven't been on TUG at all today. That is why we have the handy "report post" button for your convenience. It is difficult to use moderator functions on my tablet so I highly recommend that you use said button.

Sent from my SM-T560NU using Tapatalk

Update: I got back to my computer, and the political post has been edited.
 
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okwiater

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I am not as forgiving as some others. If it is ultimately decided that I paid higher property taxes for the past 10 years than were lawfully assessed, I want my money back. Letting the county keep it and just fix it going forward is not acceptable. It is like penalizing a thief by preventing him from stealing in the future, but letting him keep the money he has already stolen.

I agree. In fact, the county already set this precedent by re-assessing prior years rather than just "fixing" them going forward. I'd say letting the county have a taste of its own medicine is warranted here.
 

sjlola

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We just returned from our 2-week stay at WKOV-N and attended the Elite reception they hold monthly. At the reception, Ryan Nobriga (GM) made reference to this 30-minute tv show that aired in November that discusses the issue at length: https://www.tfhawaii.org/wordpress/...eal-of-ocean-resort-villas-community-matters/.

It's a bit dry and long, so in a nutshell, here's a recap (the show is Think Tech Hawaii and the host is interviewing the head of the Tax Foundation of Hawaii, an independent non-governmental advocacy group, whose opinions I'm referring to here): the separate tax classification was likely legal but the retroactive assessment was likely not. Maui County violated Ocean Resort Villa's constitutional rights by targeting ORV (and ORV only, as when others learned of the penalty and proactively contacted the county were told that is was just ORV being punished for having the gall to take the county to court) with the 10 million we had to pay in 30 days for which we were billed the special assessment. The judge is most displeased with the County's actions. The judge can, and likely will, assess punitive damages to the County if the County loses its appeal. While the County's appeal is under review by the state court, both sides are in settlement talks.

For the record, we're very happy with our purchases and it won't be a hardship top continue to pay the maintenance fees and taxes or if we never receive and money back. I understand the County needs the money, but it's pretty clear they overstepped their authority here. The tax foundation doesn't expect anything to happen in less than a year.
 
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