Landmark Towers Taxpayers Entitled to Tax Relief After 5 Year Legal Battle

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After a five year legal battle, the Colorado Court of Appeals has ruled that homeowners at the Landmark Towers high-rise condominiums will receive refunds of property taxes paid to the Marin Metropolitan District dating back to 2009. The homeowners at the Landmark have been represented by Burg Simpson Eldredge Hersh & Jardine, P.C. since the beginning of this lawsuit.

After a five year legal battle, the Colorado Court of Appeals has ruled that homeowners at the Landmark Towers high-rise condominiums will receive refunds of property taxes paid to the Marin Metropolitan District dating back to 2009 (Court of Appeals Nos. 14CA2099 & 14CA2463). The homeowners at the Landmark have been represented by Burg Simpson Eldredge Hersh & Jardine, P.C. since the beginning of this lawsuit. “This decision by the Court of Appeals represents a real victory for taxpayers,” said Brian K. Matise, lead counsel for the homeowners. “We are happy to have obtained this result for our clients.”

The Colorado Court of Appeals determined that the property taxes were levied without the Landmark homeowners approval, a violation of the Taxpayer's Bill of Rights (“TABOR”). Additionally, it also held that the TABOR election was held under false pretenses. These decisions upheld the determination of the trial court, rendered in 2014.

“This decision will return real money to these homeowners,” said David P. Hersh, co-counsel on this matter. Pursuant to TABOR’s refund provision, the District must refund all illegal taxes paid with ten percent annual simple interest. Based on the State of Colorado public filings, the Marin Metropolitan District illegally collected $3,723,503 in property taxes from 2009 through 2013. With interest, the total refund obligation is expected to exceed $5 million.

Created in 2007, the Marin Metropolitan District was developed to help finance a new subdivision to the south of the Landmark development. Including two condominium buildings and a retail center, The Landmark sits on 15 acres at East Berry Avenue and Interstate 25 in Greenwood Village, Colorado.

The Landmark homeowners have been represented by Brian K. Matise, David P. Hersh, Diane Vaksdal Smith, and Nelson Boyle of Burg Simpson Eldredge Hersh & Jardine, P.C. throughout the life of this action.

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Corey Wheeland
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