General Government Committee


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  3.       
Meeting Date: 02/05/2018  
Topic:    Request of KCP RE LLC for a partial refund of 2017 property taxes under Wisconsin Statutes ยง 74.37.
From: Michael Morse
Department: Legal  
Presenter: Village Attorney  
Date of Committee
Action (if required):
02/05/2018
Date of Village Board
Action (if required):
02/05/2018

Information
Subject:
Request of KCP RE LLC for a partial refund of 2017 property taxes under Wisconsin Statutes § 74.37.
Background Information:
 KCP RE LLC (KCP) owns a property on Premier Lane that is currently occupied by a day care center. In 2016, KCP filed a lawsuit challenging the assessment of its property for tax purposes for the tax years 2015 and 2016. While this lawsuit was pending, KCP also challenged the assessment of its property for tax purposes for the tax year 2017.

The parties later settled the lawsuit and the dispute over the 2017 assessment. The Village Board approved the settlement agreement in August of 2017. At the time the settlement was approved, the 2017 tax rate had not been established. The settlement agreement therefore set out a procedure where KCP would wait for the 2017 tax bill, pay the 2017 taxes, and apply for a partial refund under Wisconsin Statutes § 74.37. The settlement agreement required that KCP file a partial refund request before January 31. The settlement agreement gives the Village 30 days from the date the partial refund request was filed to approve it, and 30 days from the date of the Board’s approval to pay the refunded amount.

Waukesha County tax records indicate KCP has paid the total 2017 property taxes of $14,762.59 in full. The agenda packet contains KCP’s request for a partial refund of 2017 property taxes, which was filed with the Village Clerk on January 29. Attached to the request is a copy of the settlement agreement in the 2016 lawsuit. KCP is requesting a partial refund in the amount of $1,649.93. This amount was determined based on the formula set out in the settlement agreement.
Key Issues for Consideration:
Action By Committee or Village Board:
The staff is recommending the Trustees make and adopt a motion approving the payment of the partial refund in the amount of $1,649.93 pursuant to the terms of the previously approved settlement agreement.

Fiscal Impact
Attachments
KCP Partial Refund Request


    

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