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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: May 4, 2021 <br /> Action Agenda <br /> Item No. 8-k <br /> SUBJECT: Refund Request— Lake Orange, Inc. <br /> DEPARTMENT: Tax Administration <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Lake Orange, Inc. Refund Request Nancy T Freeman, Tax Administrator, <br /> Email Regarding Lake Orange, Inc. (919) 245-2735 <br /> Appeal <br /> North Carolina General Statute 105-381 <br /> North Carolina General Statute 105-287 <br /> Release/Refund Data - Lake Orange, Inc. <br /> Resolution <br /> PURPOSE: To consider a refund request submitted by Attorney Steve Yuhasz on behalf of Lake <br /> Orange, Inc. <br /> BACKGROUND: Attorney Steve Yuhasz has submitted a release and refund request for property <br /> known as PIN 9857623476 and owned by Lake Orange Inc. for taxes improperly assessed from <br /> 2016 through 2019. The claim for this request is based on the premise that 45 of the 55 acres are <br /> in the flood plain and unbuildable under Orange County regulations with little commercial value. <br /> Mr. Yuhasz maintains that the values are incorrect due to a clerical error on the part of the Orange <br /> County Tax Office appraisers. Mr. Yuhasz is requesting that the value be lowered to $103,000 for <br /> each of the years. It should be noted that the value assessment for 2016 is $550,784 and for 2017 <br /> through 2019 it is $547,700. <br /> Mr. Yuhasz included the year 2020 in his initial request. However, in an email dated April 6, 2021, <br /> Mr. Yahasz withdrew the request for 2020 due to fact that on June 24, 2020, the Board of <br /> Equalization and Review lowered the 2020 value to $151,300 due to property owner appeal. <br /> Each year, property owners have the opportunity to appeal their values prior to the adjournment <br /> of the Board of Equalization and Review. Once the Board adjourns, the Assessor has no statutory <br /> authority to make adjustments on then current assessments. <br /> The value for the 2020 tax year was adjusted by the Board of Equalization and Review in June <br /> 2020 to $151,500, which represented a correction to an appraisal error for the property initiated <br /> by the taxpayer appealing the 2020 value. <br /> North Carolina General Statute (NCGS) 105-381(a) allows the refund and release of taxes only <br /> under very limited circumstances, including clerical error. In this case, the change in value made <br /> for the 2020 tax year by the Board of Equalization and Review represents a correction to an <br />