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A new judge will handle the lawsuit filed by Progress Energy Florida against Citrus County Property Appraiser Geoff Greene and Tax Collector Janice Warren.
The lawsuit filed in late November is contesting ad valorem tax assessments made by Greene for the tax year 2012 and requesting a refund of ad valorem taxes paid under protest to Warren in excess of amounts lawfully due.
The lawsuit also names Marshall C. Stranburg, interim executive director of the Florida Department of Revenue, as a defendant. The Citrus County Board of County Commissioners and the school board have joined the lawsuit as interveners.
In November, Progress made a “good faith” payment of about $19 million for its 2012 property taxes. But county officials say the actual tax bill is closer to $36.5 million.
The case had been assigned to Fifth Judicial Circuit Court Judge Patricia V. Thomas, who serves as administrative judge for Citrus County. However, on Dec. 17, Thomas signed an order of “recusal and re-assignment.”
It requested “the undersigned” (Thomas) “should disqualify herself from this case” and the court found it necessary to request Daniel B. Merritt Sr., as Chief Judge of the Fifth Judicial District, reassign the case to another judge.
Progress Energy Florida is seeking to have a judge declare the company’s pollution-control equipment “salvage,” which would render its taxable value practically nil. The company is relying on a state law that exempts pollution-control equipment from property taxes. However, Judge Thomas found that same law unconstitutional in a 1998 case involving then-Property Appraiser Ron Schultz and Florida Power Corp., Progress’ predecessor.“
Our 1998 property tax settlement with the county also held open our ability to challenge the issue going forward,” Progress spokesperson Suzanne Grant said. “In addition, we have been in discussions with the property appraiser for more than two years regarding this issue.
Last week, attorneys filed a response to the lawsuit — an affirmative defense — for Warren and Stranburg. And on Thursday, a response was filed on behalf of Greene.
“I remain hopeful that there may yet be resolution to this dispute,” Greene said in a press release. “I expect after this response, both sides will have a better understanding of positions to facilitate future discussions between parties.”
Greene said he could not discuss the substance of the case, but would keep the public apprised of any new developments.
Contact Chronicle reporter Pat Faherty at 352-564-2924 or pfaherty@chronicleonline.com.
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More Businesses Need to Take Action in Citrus County!
Good job, Progress/Duke, for uncovering the corrupt system that plagues this County! Maybe, and I say Maybe, this will open the eyes of Voters and Residents of Citrus County. However, there are always ney sayers. The BOCC thought they had this in the bag with the corrupt dealings with Judge Patricia Thomas who was asked to recuse herself after rendering a verdict in 1998 in which she THOUGHT Florida Law was unconstitutional. SHE THOUGHT, or was it the corrupt politicians throughout this county! Her verdict cost us all and shows how the BOCC, Sheriff Dawsy, and a list of others are continuously corrupting the system to the benefit of themselves and NOT the people of this county! Even the Florida Dept. of Revenue is on the side of Progress/Duke.
Thanks to the spokesperson from Progress/Duke, we can see how the elections were RIGGED in this county by NOT informing the public. For 2 years, Mr. Greene and Dawsy and the BOCC and the Ms. Himmel all were aware of this issue and DID NOT disclose information PRIOR to the election in order to gain your Vote. To say the least, Where was Mike Wright or Gerry Mulligan? Sitting on their butts covering up for the crooked politicians as usual. Why no investigative reporting on this topic prior to the election? Why no investigative reporting on this topic after the election? The Comical continues to only print the views of the politicians and NOT the real story! If they possibly open their minds as reporters and take a different view they could sell more papers and salvage their media image as a real news media and not something that they get from AP all the time!
More Citrus county businesses NEED to take action against Mr. Greene and the tax appraisers office! I encourage you to look over your assessments and NOT just pay them. They are charging for impact fees that state law has denounced and property has an inflated value assessed on the businesses, etc. The County has been ripping you off for years and tell you that you cannot do a thing about it but, guess what YOU CAN! It's time to take this County back and out of the hands of the GOOD OLE BOYS & GIRLS!
Brealistic