OSWEGO, NY – The Oswego City School District’s challenge regarding the tax agreement Oswego County and the town of Scriba have with Nine Mile Point Unit I was dismissed last week in state Supreme Court.
According to Kevin C. Caraccioli, the town’s attorney, Justice Hugh Gilbert dismissed the district’s petition stating, “It should not have been filed as a challenge to the assessment set by the Scriba Board of Assessment Review.”
“I am pleased with Justice Gilbert’s decision,” said Scriba Supervisor Kenneth Burdick. “I always felt that the actions of the Town of Scriba were justified. This decision confirms my belief. I hope the parties can get back to negotiating a comprehensive agreement that will benefit the entire community.”
In his ruling, dated Friday, Gilbert said the assessment only can be challenged in a tax grievance petition.
The school district can’t use this procedure to challenge the assessment, he continued.
Only the property owner (Scriba) can file a tax grievance.
“We just received (the decision) from our attorney,” Oswego School Superintendent Bill Crist said Monday afternoon. “Until our attorney and the board of education goes over it, there will be no comment from the district.”
Last summer, the county, Scriba and the district negotiated a one-year tax deal Constellation Nuclear Energy Group, the owners of the power plant.
Scriba and the county approved it; the school district didn’t.
The district began the challenge in an attempt to receive more tax revenue from the plant than it would receive under the deal.