Owner fights town's review

PORT LEYDEN — An Oneida County man is seeking an assessment reduction on his seasonal residence in Lyonsdale, arguing that the grievance process was tainted.

"Simply put, the proceeding that has led to this present application should be deemed as nullified and the assessment restored to what it was in 2009," Richard Castellane wrote in a small-claims assessment challenge filed in the Lewis County clerk's office.

He is seeking a reduction on the assessment of his Murphy Road residence from $212,200 to its 2009 value of $173,000.

Mr. Castellane, an attorney from Munnsville, said he appeared before the town of Lyonsdale Board of Assessment Review in May. However, that board denied his grievance, citing insufficient supporting data to overturn the valuation determined by Town Assessor Peter J. Rogers.

Mr. Castallane claims he later was told by the board chairman, Royce Fitzgerald, that Mr. Rogers had been present during his hearing and was questioned by the board about the assessment following his departure.

Any discussion on the matter by the assessor should have been done in his presence, he said.

His contention is supported by Caryn W. Kolts, Lewis County's director of real property tax services, in a June 14 letter and by Robert J. Freeman, executive director of the state Committee on Open Government, in an Aug. 19 advisory opinion.

"The case should never be discussed by the BAR unless both the Assessor and Complainant are present," Ms. Kolts wrote.

She recommended Mr. Castellane file a small-claims challenge.

Lyonsdale Town Attorney Mark G. Gebo said that while he won't yet concede that town officials did anything wrong, that issue probably is not the crux of the matter.

"A case about assessment is virtually always about the value of the property," Mr. Gebo said.

A determination about whether procedural errors were committed will be helpful in ensuring that town officials handle such issues properly in the future, he said.

However, even if a hearing officer rules that procedural errors were made, a proper value for the property still will have to be established, probably through a review of information provided by the complainant and the town, Mr. Gebo said.

Mr. Castellane, in his lawsuit, said Mr. Rogers initially told him by telephone that the assessment hike was a result of having a finished basement that was not included in the 2009 value.

However, he contends that the basement was figured into last year's assessment and that his residence is valued well above similar nearby homes in the towns of Lyonsdale and Leyden.