APRIL 26, 2005 UPDATE
On April 14, Judge Terrell heard the Plaintiffs’ Motion for a Stay and Declaratory Order. The hearing had been scheduled before Judge Jones, but was reassigned due to a family emergency. The Court suspended all further procedures to collect real property taxes on the leasehold improvements of the leaseholders in this suit until the litigation is resolved, through all appeals. In other words, the judge ruled in our favor on the Motion for the Stay and granted it. Named plaintiffs in this suit are not required to pay real property taxes on the appraised value of the improvements unless and until the case is finally concluded in favor of the Property Appraiser and Tax Collector.
As to the second part of the Motion (that is, for Declaratory Order), our attorneys were seeking an order declaring that these real property tax bills do not create a lien on the leasehold improvements. This was sought in the hope that mortgage lenders and title insurance companies would not continue to escrow funds or pay tax bills because of a worry that the taxes could be enforced, sometime in the future, by lien foreclosure proceedings against the leasehold improvements. The request for a Declaratory Order is currently under advisement. When a ruling is made, the information will be posted to this web site.
On April 8, a packet of information was mailed for each parcel of property that is part of this suit. Included in the packet are Interrogatories that must be answered and returned to Shell, Fleming, Davis & Menge. There is also a list of documents still needed in your file. Failure to answer the Interrogatories or furnish the requested documents may result in a motion by the Defendants to have you dismissed as a party to the lawsuit.
If you are having problems with any of the questions or
required documents, contact a member of the committee or the