Judge tosses out Trout Lake lawsuit protesting assessments over legal glitch

CANTON — Approximately 40 Trout Lake property owners who filed a lawsuit protesting their assessments won't receive cash they wanted from the town of Hermon, St. Lawrence County and Hermon-DeKalb Central School, state Supreme Court Judge David Demarest has decided.

Judge Demarest found the property owners, represented by Robert J. Leader, failed to comply with legal requirements in their suit.

"The judge threw out the $10,000 per person claim," said attorney Charles B. Nash, who represents the town. "I'll be filing an answer seeking dismissal of the rest of it."

The property owners claimed their assessments were inequitable, and they wanted the 2008 tax roll declared invalid. In addition, they asked for a $370,000 judgment for compensation and punitive damages, a refund of some of their 2008 taxes and court fees.

According to the property owners, the town selectively raised their assessments, unfairly saddling them with a higher tax burden than others in Hermon. They wanted the 2008 tax roll replaced with the 2007 one. The monetary damages were for paying additional and illegal taxes for 2006, 2007 and 2008.

Judge Demarest found the taxpayers could challenge their assessments based on the method used rather than the overvaluation or undervaluation of a specific property.

Complaints about high property values on Trout Lake began in 2002 when the town switched to full value and reviewed all property after years of inactivity. The assessments on waterfront property on Trout Lake escalated and have continued to climb.

Property owners balked, sparking talk of seceding from Hermon in favor of joining the adjacent town of Edwards, and the filing of the lawsuit this year.