Kmart has not had a revaluation since 2005, she said.
In a similar legal proceeding filed against the town, Malone Town Houses Inc. is seeking restoration of an exemption it enjoyed for the Indian Trails housing complex on Finney Boulevard.
A hearing is set for 9:30 a.m. Friday, Oct. 18, for the parties to appear at the County Courthouse.
Built in 1974 using $2,481,000 in funds from the State Urban Development Corp., Indian Trails was supposed to receive a 10 percent exemption from real-estate taxes.
But Hewitt removed the exemption in March because “I don’t believe they are entitled to it because the original mortgage has been refinanced, and that’s not allowed under state law.”
‘TOO MANY GRAY AREAS’
She said the property has been entered incorrectly on the town’s tax rolls as wholly exempt since it was built, so the owners hadn’t been paying anything beyond a shelter rent — a stipend of 10 percent above what it receives in rent payments.
“I took it away because of all of the questions I had,” Hewitt said. “I don’t think they are entitled to it anymore.
“There were too many gray areas, and that’s what we’re researching now,” she said, referring to her office and that of Town Attorney Lillian Anderson-Duffy.
“Did they think it was going to go on indefinitely? Really? It’s ridiculous to think they could have it go on,” the assessor said.
“They pay a shelter fee, but who do they have to prove it to? I don’t get proof of anything all year ...
“We’ll go to court and hope we win.
‘TIME TO HOLD GROUND’
Attorneys for Indian Trails say they didn’t know the exemption was removed until the town-and-county-tax bill arrived on Sept. 1.