L This is an action brurght pursuant to Sections l94.l7l and (2), Florida Statutes,

Similar documents
L This is an action brought pursuant to Sections and (2), Florida Statutes'

Plaintiff, ; IN THE CIRCUIT COURT OF TI{E llth JUDICIAL CIRCUIT, IN AND FOR MIAMI- DADE COUNTY, FLORIDA

l. In this action, the Property Appraiser seeks to reverse a decision of the Miami-

2. This action is brought pursuant to Florida Statute $ Plaintiff, ATLANTIC AVE DEVELOPMENT LLC, is a Florida Limited Liability

1. In this action, the Property Appraiser seeks to reverse a decision of the Miami-Dade

1. In this action, the Property Appraiser appeals a decision of the Miami-Dade

1. This is an action to challenge the Property Appraiser's assessment in. Plaintiff, UNIVERSAL CITY DEVELOPMENT PARTNERS, LTD., a

1". This is an actibn to contest an ad valorem tax assessments for the tax year. limited liability company and SOUTHEASTERN.

l. This is an action to contest the decision of the Osceola County Value 2. The plaintiff, Katrina Scarborough, is the duly elected Osceola County

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA

1. The Plaintiff, LAKE V/ALES RETIREMENT CENTER, [NC., (hereinafter

1.1 This is an action for injunctive relief and declaratory relief within the

1. The Plaintiff, PRESBYTERIAN RETIREMENT COMMUNITIES, [NC., 2. Plaintiff is a Florida not-for-profit corporation properly registered with the Florida

2. Plaintiff is a Florida not-for-profit corporation properly registered with the Florida

. IN THE CIRCUIT COURT OF THE

1. This is an action for statutory relief. This Court has jurisdiction pursuantto Florida

Filing # E-Filed 06/16/ :55:18 PM

1. The Plaintiff, IA LODGING ORLANDO DOWNTOWN, LLC (hereinafter. 2. The Plaintiff is a Delaware limited liability company authorized to transact -1-

1. This is an action to contest ad valorem tax assessments for the tax year. Plaintiff, WALT DISNEY PARKS AND RESORTS US, INC.

1. This is an action to contest an ad valorem tax assessment for the tax year

1. The Plaintifl, FGHP FUNDING WEST LP (hereinafter "Plaintiffl'), owns real

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA

1.1 This is an action for injunctive relief and declaratory relief within the

Filing # E-Filed 09/28/ :37:26 PM 18-CA-9531

1. This is an action to contest an ad valorem tax assessment for the tax year

1. This action arises out of the denial for the Tax Years 2016 and 2017 by the St. Lucie. Filing # E-Filed 04124/2017 ll:04:01 PM COMPLAINT

Filing # E-Filed 06/16/ :48:54 PM

1. In this action, the Property Appraiser seeks to reverse a decision of the Miami-Dade

1. This is an action to contest ad valorem tax assessments pursuant to Section

Filing # E-Filed 06/17/ :41:16 AM

IN THE CIRCUIT COURT OF THE

1. As of January L,20L4,legaI title to the Subject Property was vested in The

Filing # E-Filed 06/16/ :40:09 PM

Third District Court of Appeal State of Florida

l. This is an action for declaratory relief, contesting the legality and validity of the

Defendants. I. 1. This is an action for a declaratory judgement and to challenge the removal

Courthouse News Service

Filing # E-Filed 06/17/ :34:36 AM

Filed 21 August 2001) Taxation--real property appraisal--country club fees included

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

COMPLAINT FOR PERMANENT INJUNCTIVE RELIEF, AND OTHER STATUTORY RELIEF. Plaintiff, STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL,

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

Sec Short-term rental of apartment units or townhomes. [Miami Beach]

Third District Court of Appeal State of Florida, July Term, A.D. 2010

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC10-90 / SC10-91 (Consolidated) (Lower Tribunal Case No. s 3D08-944, )

Auditor General Update. Florida Association of Property Appraisers 2014 Post Legislative Conference

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA. Plaintiff, CASE NO. :

Filing # E-Filed 09/10/ :56:35 PM

IN THE FLORIDA FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA

Filing # E-Filed 09/28/ :42:23 PM

JUSTICE COURT, CLARK COUNTY, NEVADA. Name: ) ) CASE NO.: Landlord, ) DEPT. NO.: ) -vs- ) ) Name: ) Address: ) ) Phone: ) )

ORDINANCE NO AN ORDINANCE ADOPTING A NEIGHBORHOOD REVITALIZATION PLAN AND DESIGNATING A NEIGHBORHOOD REVITALIZATION AREA.

1. Ptaintifl Andrew A. Greenstein, in his capacity as Trustee of the Andrew. 2. Defendant CAREY BAKER is sued in his official capacrty as Lake County

How to Sue Your Landlord in Texas

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA APPELLATE DIVISION

RECErVED FOR FlUNG AMERICAN MARKETING GROUP, LLC.

Plaintiff, Case No.: COMPLAINT. Plaintiff Miami-Dade County (the County ) sues Defendants Miami Marlins, L.P. (the

Title: Ronald J. Schultz, Citrus County Property Appraiser. Jun 03, 1994 STATE OF FLORIDA DEPARTMENT OF REVENUE

Case 9:15-cv XXXX Document 1 Entered on FLSD Docket 11/19/2015 Page 1 of 16 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

TERMS AND CONDITIONS OF SALE

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

* * * * * * * * * * * * * APPEAL FROM ST. BERNARD 34TH JUDICIAL DISTRICT COURT NO , DIVISION C Honorable Wayne Cresap, Judge * * * * * *

TWO LAKES COMMUNITY DEVELOPMENT DISTRICT MIAMI-DADE COUNTY REGULAR BOARD MEETING MARCH 15, :45 A.M.

FACT SHEET MUNICIPAL SERVICE BENEFIT UNIT (MSBU) CREATION AND IMPLEMENTATION

CITY OF AUSTIN S ORIGINAL PETITION AND REQUEST FOR PERMANENT INJUNCTION

CERTIFICATE TO ROLL. I, the undersigned, hereby certify that I am the duly qualified and acting Property Appraiser in

UNIFORM POLICIES AND PROCEDURES MANUAL FOR VALUE ADJUSTMENT BOARDS

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING AND, IF FILED, DETERMINED

A Model Ordinance Establishing a Local Government Tax Deferral Program for Recreational and Commercial Working Waterfront Properties

Time and Costs Are Increasing for Counties to Complete the Value Adjustment Board Process

Residential Management Agreement

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

MOTION FOR TEMPORARY INJUNCTION. Plaintiff, State of Florida, Office of the Attorney General, Department of Legal Affairs,

INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY AND THE LAKE COUNTY TAX COLLECTOR FOR THE GREATER GROVES MUNICIPAL SERVICE BENEFIT UNIT

UNIFORM POLICIES AND PROCEDURES MANUAL FOR VALUE ADJUSTMENT BOARDS

WESTGATE SALE PROCEDURE

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

CIVIL DIVISION CASE NO.

Supreme Court of Florida. Lewis WARD, et al., Petitioners, Gregory BROWN, Property Appraiser of Santa Rosa County, etc., et al., Respondents.

August 30, Issue. Whether Taxpayer is a real property improvement contractor for purposes of Rule 12A-1.051, F.A.C.? Facts

IN THE SUPREME COURT OF FLORIDA CASE NO. L.T. CASE NO. 4D

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA. Plaintiff, CASE NO. :

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

ALACHUA COUNTY VALUE ADJUSTMENT BOARD. Process and Procedures 2007

Senate Bill No. 301 Senator Smith

HILLCREST COMMUNITY DEVELOPMENT DISTRICT BROWARD COUNTY REGULAR BOARD MEETING APRIL 19, :00 P.M.

The Renewal Note provides on page 7 that:

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC10-91 (Lower Tribunal Case Nos. 3D08-944; )

IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR CLAY COUNTY, FLORIDA

CITY OF. DATE: August 23, Mayor and City Council TO: Leif J. Ahnell, C.P.A., C.G.F.O. City Manager FROM:

Third District Court of Appeal State of Florida

REPAIR AND REMEDY B. WAYNE HAYES JUSTICE OF THE PEACE PRECINCT ONE

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA

1. This is an action for a declaratory judgment and to challenge the partial removal

Legal Opinion Regarding Tax Collector and Property Appraiser's Ministerial Duties per Section , Fla. Stat.

IN THE SUPREME COURT OF FLORIDA CASE NUMBER SC Lower Court Case Number 4D ELLER DRIVE LIMITED PARTNERSHIP, Petitioner, vs.

IN THE SUPREME COURT OF FLORIDA

ADMINISTRATIVE POLICY 11-01

STATE OF MICHIGAN IN THE KENT COUNTY CIRCUIT COURT

H 7816 S T A T E O F R H O D E I S L A N D

Transcription:

Filing # 6A319535 E-Filed 08/l li20l 7 07:42:A6 PM IN TFIE CIRCUIT COURT OF THE I I TH JUDICIAL CIRCUIT IN AND FOR MIAMI.DADE COUNTY, FLORIDA GENERAL J URISD ICTION DIVI SION CASE NO: MIAMI BEACH RESORT OWNER, LLC, A Florida Corporation authorized to do business in FIorida, vs. Plaintiff, PEDRO J. GARCIA, as Property Appraiser of Miami-Dade County, Florida, MARCUS SAIZ DE LA MORA as Tax Collector of Miami-Dade County, Florida and LEON M. BIEGALSKI, Executive Director, State of Florida. Department of Revenue, e olvrplaint Def'endants. plaintiff MLAMI BEACH RESORT OWNER, LLC C'RESORT') a Florida corporation authorized to do business in FL. sues PEDRO J. GARCIA as Property Appraiser of Miami Dade County, Florida C'GARCIA"). MARCUS SAIZ, as Tax Collector of Miarni-Dade County, Florida ("SAZ"), LEON M. BIEGALSKI, as Executive Director, State of Florida, Departmet:t of Revenue ("BIEGA LSKI'), and all eges : L This is an action brurght pursuant to Sections l94.l7l and 194.036(2), Florida Statutes, to contest the 2016 ad valorem ta,\ assessments levied by Defendant CARCIA on the real property owned by RESORT as of January I 2016. known as the Miami Beach Resort. 4833 Collins Avenue, Miami Beach FL, tax parcel # 02-3223-002-0130 ('SUBJECT PROPERTY"). 2. Plaintiff RESORT is a for profit corporation authodzed to do business in Florida and to bring this action. 3, Defendants, GARCIA,, as Property Appraiser of Miami Dade County, Florid4 SAIZ, as Tax Collector of Miami Dade County. Florida and BIEGALSKI, as Executive Director, State of :'192.168.1.100\le$ aolive\l6ta!a ntcridian\tr,{irrni Il}aoh Rosofllclollplaint - }liarni Bcach Rcstrl.doox

Florida, Department of Revenue, are parties to this suit pursuant to Section 194.181, Florida Statutes. 4. Jurisdiction and venue are ptaced in this Court by Section 194.171, Florida Statutes, and article V. sections 5 and 20 of the Constitution of the State of Florida. 5. In accordance with Section lg4.l7l(3), Florida Statutes, RESORT has tendered to the Tax Cotlector not less than the amount of the tax, which it admits in good faith to owe as a predicate to filing this aaion. A copy of Defendant SAZ's paid receipt for the 2016 ad valorem tax year is attached as "Exhibit A". 6. This action is brought timely pursuant to Section l94.17l(2). Florida Stanrtes- 7. Defendant, GARCIA assessed the SUBJECT PROPERTY at a total valuation figure of $91.200,860 as ofjanuary 1,2016. 8 RESORT timely filed an administrative appeal petition with the Value Adjustment Board ("VAB-) which did not reduce the assessment on the SUBJECT PROPERTY to Just Value as required by Florida Statutes. g. Defendant GARCIA should haye determined that the just value of the SUBJECT PROPERTY for purposes of the ad valorem tal( assessment as of January I, 2016 to be no more than $70.000.000. The 2016 ad valorem t&\ assessment of the SUBJECT PROPERTY as determined by GARCIA is illegal and void because the assessment exceeds the constinrtional and staoitory standards for just valuation adopted by the State of Florida. t0. Defendant GARCIA did not observe the essential requirements of Iaw in determining the assessed valuarion of the SUBJECT PROPERTY. As such, the assessment is in excess ofjust value and cannot be sustained under applicable Florida Statutes (including Section 194.301) Department of Revenue Rules, the Florida Constitution and Florida Court deoisions. The reasons include but are not limited to: a. Def'endant GARCIA assessment of the SUBJECT PROPERTY failed to properly take into consideration the statutory criteria of Section 193.011, Florida Statutes, which, in part, 1\l92.l68.l.t00rlawacliveil688 nreridianllrlintni ljerrch llesrrt\courploirrt - \linnri Be5ch R!'srr1.d()cx a

provides that in arriving at'just valuation", the Property Appraiser is required by Section 4, Att. VIl, of the Florida Constitution, to take into consideration: i. The present value of the SUBJECT PROPERTY as of January l, 2016; ii. The highest and best use to which the SUBJECT PROPERTY could be expected to be put in the immediate lirture and the present use of the SUBJECT PROPERTY as of January l,2016; condition, as of January I, 2016; iii. The condition of the SUBJECT PROPERTY, including its physical iv. The income from the SUBJECT PROPERTY as of January 1, 2016: and v. The net proceeds of the sale of the SUBJECT PROPERTY, as received by the seller, after deduction of all reasonable fees and costs of the sale under the condltions present as ofjanuary l, 2016. b. Defendant GARCIA's assessment of the SUBJECT PROPERTY did not consider, and did not reflect that the consideration paid included intangible value related to hotel operations including going concern value, the name, assembled workforce. etc. c. Defendant GARCIA's assessment of the SUBJECT PROPERTY did no1 consider, and did not reflect that the SUBJECT PROEPRTY is a designated contributing structure within the local City of Miami Beach historic district. This places design changes and demolition restrictions on the Subject Property, a 55 year old building. d. Defendant GARCIA's assessment of the SUBJECT PROPERTY did not consider, and did not reflect the obsolescence of the early 1960's design particularly the lack of balconies from virnrally all the rooms. e. Defendant GARCIA's assessment of the SUBJECT PROPERTY did not consider, and did not reflect the physical condition of the SUBJECT PROPERTY in comparison with more recent hotel renovations and new construclion such as 4835 Collins Avenue. I 92.t 68. t.100\law tctive\ 1688 rneridian',nliauri ljeach Resorl',Cotuplaint - \'liarui Beach Resrrt.docr -3-

Case No, fl Defendant GARCIA's assessment of the SUBJECT PROPERTY is believed to have included an increased value for "excess land". Given the location of the building on the land, historic designation and other govemment zoning restrictions, there is no excess land for ad valorem ta,x value purposes. g Defendant Garcia's assessment of the SUBJECT PROPERTY did not consider, and did not reflect a proper application of the income approach which would suppofi to more than $73,000,000 given the above noted physical condition (few balconies, no ocean views) and market conditions as of the assessment date. h. Defendant GARCIA' assessment of the SUBJECT PROPERTY exceeds just value and therefore violates article WI, section 4 of the Florida Constitution. i. Defendant CARCIA's assessrnent of the SUBJECT PROPERTY violates the equal protection clause of the state and federal constitutions because the assessment of the Subject property is not equal and uniform compared to the assessments of other properties in the same class within Miami Dade County. j Defendant GARCIA, in violation of the law, arbitrarily assessed the SUBJECT PROPERTY based on appraisal practices different liom the appraisal practices generally applied by CARCIA to comparable property within the same class and within Miami Dade County. I 1. Based in part on all of the above, DEFENDANT GARCIA'S assessment of the Subject Property is not entitled to any presumption of correctness pursuanl to Section 194.301, Florida Statutes, Regardless, as to whether or not GARCIA's assessment is entitled to a presumption of correctness, Plaintiff has met its burden of proof in support of reducing the assessment on the SUBJECT PROPERTY for 20l6 to no more than $73,000.000. WHEREFORE, Plaintitf MIAMI BEACH RESORT OWNER, LLC requests that this Coutt grant the following relief: A. That this Court takes jurisdiction of the subject matter and the parties hereto; r 192.168. I. l0orlarv acliveil fi88 ureritlian',lr'{ianr j Bach Revrl\Corrr plain t - \f inmi lleach Resrrl.docr -4-

B. That this Court declare the ad valorem tax assessment of the SUBJECT PROPERTY determined by the Det'endant GARCIA, for the 2016 ad valorem tax year, to be nonsustainable under applicable Florida Statutes and other laws and is therefore, null and void; C. That this Coun establishes the conect value of the SUBJECT PROPERTY for 2016 ad valorem tex purpose{ at no more than $73,000,000: D. That this Courr order Defendant, SAIZ, to refund to the Plaintiffs the difference between the raxes paid by them and the amount due under the assessment established by this Court; E. That this Court assess costs in bringing this action pursuant to Section 194.192 Florida Statutes. F. That this Court grant any such further relief as it deems appropriate. DESICNANON OF EMAIL ADDRESSES Pursuant to Florida Rule of Judicial Administration 2.516, undersigned counsel hereby designates his/her primary and secondary e-mail addresses for purposes of email service as follows: Primary email address: gappel@ealpejlilw,ggn Secondary email address: legal assu@gapgellqu"pqry! DATED this I lrr' day of August 2017. LAW OFFICES OF GARY APPEL. P A 1688 Meridian Avenue Suire 723 Miami Beach, FL 33139 Bv: lslgaru A. Aooel GARYA APPEL Florida Bar No. 919306 305-534-4141-ofI ce gappel@gappellaw.com I92.168. L 100 Jas active'l (r8fl nreridinri.lr.lianu Belch Rcsrrt\Corrrplaint. \{inmi [],xch Rcsort.tltrcs -5-