Al, talking dirty will get you nowhere with me.  However I do know someone
with whom it will.

Joe



On Fri, Feb 26, 2010 at 9:20 AM, Glenn moyer <[email protected]> wrote:

>  "The district's board decided to make the assessment mandatory but to
> allow those who had exemptions to keep them until they sold their units,
> Levy said."
>
> We were told that special service districts were created to serve.  This
> one statement shows the arrogance.  Without hesitation, they assert
> governmental power, simple metamorphisis, from "service district" to the
> unassailable autocratic ruler.  Who the hell elected their board and Levy?
>
>
>
> This challenge is long over due!!!!
>
>
>
> thanks for the info,
>
> Glenn
>
>
>
>
>
>
> -----Original Message-----
> From: [email protected]
> Sent: Feb 26, 2010 8:54 AM
> To: [email protected]
> Subject: [UC] plus ca change, plus c'est la meme chose
>
>
> It could'a been us! Thanks again, Councilwoman Blackwell. You were for
> us there when we needed you.
>
> Al Krigman
>  ------------------------------
>  From this morning's Inqy
> Center City District sued over its fees
>
> By Joseph A. Slobodzian
>
> Inquirer Staff Writer
> Former Pennsylvania Supreme Court Justice Russell M. Nigro has sued the
> city and the Center City District, contending the district's assessment for
> public maintenance services is not equally applied to condominium owners.
>
> The proposed class-action lawsuit, filed this month in Philadelphia Common
> Pleas Court, says the district allows condo owners who bought before Sept.
> 13, 2005, to "opt out" of paying the property levy. The levy is mandatory
> for owners who bought after that date.
>
> The former justice - defeated in a 2005 retention election - bought a $1.35
> million condominium on Washington Square on April 28 and at closing had to
> pay $1,176 to the district to cover that year's assessment, according to the
> lawsuit.
>
> Nigro, a member of the city's Board of Revision of Taxes, subsequently
> learned that Center City condominium owners who bought before Sept. 13,
> 2005, could file an affidavit and choose not to pay the district charge.
>
> George Bochetto, the Center City litigator who filed the suit on Nigro's
> behalf, said yesterday that the district's assessment was really a tax, and
> that the collection policy violated the taxing-uniformity clause of the
> Pennsylvania Constitution and the equal-protection clause of the U.S.
> Constitution.
>
> Bochetto called the district's assessment policy "a most peculiar
> patchwork, a hodgepodge," adding that he was "surprised no one has
> challenged this before now."
>
> The Center City District was created in 1990, the first of several
> quasi-governmental improvement districts designed to make key downtown
> neighborhoods cleaner and safer. The district concept enabled neighborhoods
> to obtain public services that city government could no longer afford.
>
> The district covers most of Center City's business and residential
> neighborhoods: 120 blocks and more than 4,500 properties. It is roughly
> bounded by the Schuylkill on the west, Sixth Street on the east, Vine Street
> on the north and Locust Street on the south, with extensions along the Broad
> Street corridor north to Spring Garden Street and south to Pine Street.
>
> Each property is charged an annual amount that helps fund the district,
> this year yielding $15.2 million, according to the district's budget.
>
> That the lawsuit is a first is about the only thing on which Bochetto and
> Center City District president Paul R. Levy agree.
>
> Levy said yesterday that the district's authority to charge property owners
> was part of the legislation creating the agency. The opt-out exemption was
> created in the district's early days when condominiums were rare in
> Philadelphia - basically just Academy House, the tower at 1420 Locust St.
> behind the Academy of Music.
>
> At that time, Levy explained, Academy House was dominated by elderly
> residents, many of whom said they could not afford the district's charge of
> about $93 each. The solution, Levy said, was to allow any condominium owner
> for whom the unit was their prime residence - not an investment - to file a
> sworn affidavit seeking an exemption.
>
> By 2005, however, the number of senior citizens seeking the exemption was
> dropping and Center City was in the midst of a condominium building boom.
> The district's board decided to make the assessment mandatory but to allow
> those who had exemptions to keep them until they sold their units, Levy
> said.
>
> He said he saw the exemption as an easy way of accommodating senior
> citizens with limited incomes, especially because the lost revenue was more
> than offset by voluntary contributions to the district by otherwise exempt
> nonresidential organizations.
>
> "We're really talking about pennies here," Levy added.
>
> Since the 2005 policy change, he said, the number of all district property
> owners with the exemption has gone from about 19 percent to 7 percent.
>
> "We were surprised at the lawsuit," Levy said. "It's the first time anyone
> has challenged this, and he [Nigro] never contacted us about this before the
> suit. We're quite willing to sit down and talk whenever he wants."
>
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