|Volume Number: 29
|Opinion Issued October 26, 2011|
|GREENBROOKE ASSOCIATES LLC|
|DEPARTMENT OF ADMINISTRATION/REAL ESTATE DIVISION, THE TAX DEPARTMENT, AND THE INSURANCE COMMISSION|
Michael T. Chaney and Luci R. Wellborn, Attorneys at Law, for Claimant.
Stacy L. DeLong, Assistant Attorney General, and Katherine A. Schultz, Senior Deputy Attorney General, for Respondents.
| PER CURIAM:
This claim was submitted for decision based upon the allegations in the Notice of Claim and Respondents’ Answers.
Claimant seeks to recover $388,488.51from Respondents for real property taxes assessed and paid by Claimant for the years 2005, 2006, 2007, and 2008, during which time Respondents were contractually obligated to pay their portion of ad valorem taxes based upon their proportionate occupancy of Claimant’s building. The Tax Department owes the Claimant $119,461.89 for the years 2005, 2006, 2007, and 2008. The Insurance Commission owes the Claimant $269,026.62 for the years 2005, 2006, 2007, and 2008.
In their Answers, Respondents admit the validity of the claim as well as the amounts with respect to the property taxes paid in the total sum of $388,488.51, and state that there are no funds remaining in the agencies appropriations from the appropriate fiscal years from which the obligations can be paid. The Respondents, Tax Department and Insurance Commission, admit that $119,461.89 and $269,026.62, respectively, is fair and reasonable.
It is the opinion of the Court of Claims that the Claimant should be awarded $119,461.89 owed by the Tax Department and $269,026.62 owed by the Insurance Commission.
Award of $119,461.89 owed by the Tax Department.
Award of $269,026.62 owed by the Insurance Commission.
Total award of $388,488.51.