The Virginia Supreme Court handed a setback to the Northampton County and the Town of Cape Charles, granting an appeal to Robert Galloway.
The General District erred in dismissing the case, and not allowing key witnesses to testify. According to the high court, the grounds used for dismissal, specifically the County’s noncompliance with Rule 4:1(b)(8), the trial court erred in hearing and granting the County and Town relief based upon the County’s motion.
The case was brought because there is substantial evidence that Northampton County (NC) failed to make assessments with uniformity from 2009 – 2014 and failed to comply with required professional standards in 2012, 2013 and 2014, as shown by the following pleading:
In fact, NC failed to determine the market value of the referenced properties between 2009 and 2014, because its market sales data was not current. Reliance on sales data prior to the 2007 national recession improperly gave weight to the peak pricing prior to the substantial market correction. The correction decreased market values materially from 2008 through the early years of the 2010’s. Market evidence was readily available that Cape Charles sales activity and pricing were declining rapidly. Reliance on sales data prior to 2008, and furthermore, making no adjustments to valuations between 2008 and 2012, is evidence that NC had frozen its assessments at the peak pricing, while the actual market participants were suffering financial losses as illustrated in the 2009 and 2010 sales data. The evidence of significant market declines should have drawn immediate consideration by NC.
With the recession of 2008 causing property values in Cape Charles crashed this resulted in longer marketing times, falling prices and bank foreclosures, as well as arm’s length sales. None of this was taken into account by the County for properties that were transacted.
The Town and County used pre-2008 sales data which did not represent changes in the local marketplace whereby the prime properties had some activity, as the weaker properties experienced market rejection.
Essentially, the County locked into the market segments from pre-2008 while the local market crashed. By example, Marina Village East had virtually no arm’s length sales after mid 2005 through 2013, presenting significant pricing declines.
Northampton improperly reverted back to its last general reassessment data from 2008, and its 2012 reassessment was unsupported by current sales data; further its 2012 reassessment reflects the pre-2008 market peak as though frozen in time, not the insignificant demand and falling prices.
Fast forward, Galloway will now be able to use this data, and its expert witnesses to present to the court.
The implications of this case cannot be understated. If in fact the Town and County have been price gouging, going back to 2008, every citizen may be effected.
The County had the option to settle the case but refused. The County has paid over $200,000 to the law firm of Sands Anderson thru last month.
A court date for the case has not been set.
About the Author
The lawyers sound like they made out quite well at taxpayer expense.
“If in fact the Town and County have been price gouging”?
Is the understatement. Professionalism is a standard that is not too difficult to recognize or maintain. There are standards in every industry. Ways to establish them, maintain them, recognize them and to use them. Then again figures can lie, or be used to lie.
Towns, Counties, States and Commonwealths just love to tell their citizens in their Courts that “ignorance of the law is no excuse”. Well what’s good for the goose is good for the gander, isn’t it ? SADLY.
In case anyone does not get my plain speak, this is a disgusting disgrace.
Cooking the books by using old numbers, or inaccurate numbers was totally unprofessional. Whether or not it was a conspiracy amongst several to insist on applying these numbers improperly, or pure ignorance does not matter to the result. The books were cooked.
It does make me wonder if the James Comey standard of 2 different applications of the law was/is being applied though. That surely would be worse.
Does this mean that the Town of Cape Charles and the County of Northampton owe the property owners a rebate? If so they will apply the scheme of tax equalization to get the desired revenue to cover the cost of bloated government. Seems they never try to live within their means.
You bet they will.
So, who is getting fired over this? I WANT NAMES
I want names to
I would bet that NOBODY will get fired, or even talked to over this, because the general public is apathetic and really doesn’t care, if they were even aware that this was going on, and the people who did this, the ones who won’t get fired, most likely, they could give a damn about what people like yourself would like to see happen because they know they are immune from the law and the general public is asleep at the switch.
Ditto!
I’m so happy that this is finally brought to the public’s attention.
Yea Kenny ,not likely. But this isn’t the only Scham that has gone on and even with this bought to light they still want the tax payers to pay for something they probably already own.
And as for you Paul, The lawyers always make out.To bad more people can’t act civil with one and other Personally I feel I’ve lost 10M ,but hey Its only business.
Yea right,BULLSHIT is more like it.
You know me
Great article! I had no idea this was going on. Should be interesting to see how things shake out. Suggestion, there is a Northampton County in North Carolina. When I first glance I thought I was mistakenly reading about the wrong state. Thanks for your hard work reporting.
Northampton Va or Northampton NC. Your article is wrong i believe
Note: (NC) is the court’s abbreviation for Northampton County. The ruling, and pleading reference (NC) throughout.
The ” Haves and The Have Not’s ”
They are doing exactly what they intend to. Saling the town to the outsiders , the highest bidders with the most money that can afford to purchase their outrageous Realastate, pay their high taxes to make sure that those of us born and raised in Cape Charles will never be able to return and purchase a home even if we desired to. Vacation Resort for the rich . Next to go will be Seabreeze Apartments and Heritage Acres Senior Apartments They are just waiting to get there hands on these two properties (Prime Realastate):
The day is coming when the wicket will stand and be judged by The Real Judge (Jesus) for All of there evil works . There money will not buy there Soul Salvation.
Oh , I forgot 🤔 there money is there God