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Law.com - Newswire
The day's top legal stories accompanied with summaries.
  • At DOJ's Request, Judge Dismisses FCPA Sting Case
    A federal judge on Tuesday dismissed a high-profile foreign bribery prosecution as he questioned the government's litigation tactics and legal theories underpinning the case. "This appears to be the end of a long and sad day in the annals of white-collar enforcement," U.S. District Judge Richard Leon said in court, several hours after prosecutors asked him to dismiss with prejudice the largest-ever Foreign Corrupt Practices Act case against individuals.
  • Court wades back into affirmative action
    The Supreme Court announced Tuesday it would revisit the divisive issue of affirmative action in higher education. But it will do so without Justice Elena Kagan, who recused herself, and without Justice Sandra Day O'Connor, who retired in 2006 after rescuing affirmative action from conservative attack three years earlier.
  • Prop 8 Backers Seek En Banc Review of Gay Marriage Decision
    Instead of heading straight to the U.S. Supreme Court, backers of the Prop 8 ban on gay marriage are seeking rehearing by an en banc panel of the 9th Circuit, arguing that the court's holding in Perry v. Brown conflicts with the Supreme Court's Baker v. Nelson, which let Minnesota deny same-sex couples the right to marry, and other cases.
  • D.C. Circuit Rejects Suit Over Gitmo Detainees' Deaths
    The D.C. Circuit on Tuesday rejected a suit that demanded the government pay damages to the representatives of two Guantanamo Bay detainees who died in custody. The panel did not reach the merits of the case but said the trial judge did not have jurisdiction to hear the dispute in the first place.
  • Conflicts Arise When Complying With U.S. and E.U. Laws
    Companies that collect employee information to comply with U.S. laws may find themselves running afoul of European Union regulations that guard employee privacy even in the case of information stored on company devices. And a new E.U. data protection proposal may make that information even harder to obtain.
  • Tax Appeals Process

    Assessors are required to follow various procedural guidelines when formulating a property’s assessment.  It is Kickham Hanley’s task to ensure that the guidelines are followed properly and that your assessments truly reflects the market value of your property.

    Whether you own an apartment, office or industrial building, shopping center, golf course or vacant land, it is imperative that your assessments are scrutinized carefully.  Taxes are a significant portion of your operating expenses and should be reviewed on an annualized basis.  You will receive your annual assessments in the “Assessment Notice.”  When reviewing your assessment, it is important to also review your operating statement, rent roll and comparable properties (if available).  If, after reviewing your assessment, you believe a reduction is warranted, a formal petition will need to be prepared on your behalf and filed with the Michigan Tax Tribunal (“Tribunal”) to challenge the assessments for the tax year in question.  You have until May 31 to file your petition with the Tribunal.

    What is required of you during the challenge of the assessment?  You may be responsible for acquiring an appraisal.  An appraisal for purposes of tax appeal differs from a more typical financial appraisal.  Although a financial appraisal is reflective of value, an appraisal for assessment challenges requires that the documents purpose, authorized user and timing components are abided by.  You may be requested to produce information about the property which may include, but is not limited to, purchase agreements, income statements and construction costs.

    Once the petition has been filed, the local municipality will make discovery requests of information regarding the subject property.  If, during the discovery period, a settlement is not reached, your challenge will proceed to trial.  The trial will allow the parties to enter evidence before the Tribunal substantiating their opinion of the property’s market value.  The Tribunal judge will ultimately decide the value of your property.

    KH has successfully reduced the assessments of apartment buildings, golf courses, industrial properties, condominium projects and shopping centers.  Although many challenges are often settled through negotiations, there are occasions which require a trial before the Tribunal.  KH also has appealed the Tribunal’s decisions to the Michigan Court of Appeals.

    KH is committed to making certain that your assessments coincide with the true cash value of your property and that any overpayment resulting from an over assessment is refunded to you.