My name arose during a December 2007 BOS Meeting amidst uninformed speculation. No one has since questioned the issue, so allow an explanation. (link below)
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When I was denied an abatement by the Middleboro Assessors, I filed with the Appellate Tax Board (ATB).
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TOWN COUNSEL notified me of his representation in the matter by Certified, Return Receipt Requested mail.
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The initial hearing was to be conducted in December and I requested a postponement.
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Since TOWN COUNSEL'S notification indicated his participation, I contacted his office to request that postponement, as was indicated in the ATB instructions.
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That POSTPONEMENT required a brief conversation with TOWN COUNSEL to determine an acceptable date.
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Hence, the mention of my name on TOWN COUNSEL'S invoice.
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I handled ALL notification from that point forward that included FAX notification.
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But the issue goes further.
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The Middleboro Board of Assessors is an elected board, of which the Town Assessor participates.
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The Town Assessor and TOWN COUNSEL travelled to Boston, wasted most of a day, and I prevailed and reduced my real estate tax assessment by an amount less than the cost of the wasted day with two TOWN EMPLOYEES.
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From a personal perspective, the matter is worse than the wasted time.
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The Four (4) Comparable Properties presented by the Town Assessor were curious.
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One was withdrawn by the Assessor herself.
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Another, the judge pointed out she had failed to correct the value for a garage.
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Three (3) of the properties were in different zoning districts. One (1) had an in-law apartment for which the Assessor had failed to correct the value. Two of the properties are in the General USE District which allows businesses. And there were numerous other errors the judge pointed out and I challenged.
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TOWN COUNSEL introduced a previous ATB action that I had filed, but failed to note that for several years, I had paid real estate taxes based on a valuation for non-existent living space, non-existent basement space, non-existent features including a fireplace, and a shed that was grossly larger than reality. Several tries with the Assessors failed to correct their errors UNTIL I filed with ATB.
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The issue of Town Counsel has previously been discussed. Town Counsel has determined his own use of time.
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Since this was clearly wasted time and the Assessors had 5-6 other cases with ATB, how much more time was wasted? I have requested that outside counsel review the Town Charter, pertinent statutes and provide a ruling about who determines the use of Town Counsel's time.
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I am aware of other property owners in Middleboro who are having difficulty correcting ERRORS.
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What's the problem?
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12/17/07 Selectmen's Meeting: Speculation and Incompetence During the correspondence portion of the December 17th, 2007, Selectmen's Meeting, Selectman Patrick Rogers, who is now approving 'warrants' (the town's bills) after Selectman Bond's abrupt refusal to continue to do so, discussed that there was a charge on Town Counsel, Dan Murray's bill for:
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J. Powell
