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Anthony Wayne Local treasurer says district may seek court action to enforce TIF agreement with Fallen Timbers Mall
Summary
During its meeting the Anthony Wayne Local Board of Education heard the treasurer say the district is considering legal action to enforce a tax-increment financing agreement after the mall sought a lower valuation and paid only a fraction of owed taxes, staff said.
At its meeting the Anthony Wayne Local Board of Education heard its treasurer report that the district is considering legal action to enforce a tax-increment financing agreement with the owner of Fallen Timbers Mall.
The treasurer told the board the mall owner had challenged property valuation and that, in the district’s view, the mall’s assessed value is “under 84,000,000.” She said the owner paid about $20,000 on a typical annual tax bill of roughly $400,000 and that the district’s attorney advised filing what she described as “basically it’s like an injunction” to hold the owner to the district’s TIF agreement.
The district’s treasurer framed the item as a resolution directing the district’s attorney to take legal steps to enforce the TIF agreement. “We have a TIF agreement with the owner and it follows the owner. Primary beneficiary of them all with this TIF agreement and we want to hold them to the TIF agreement,” she said.
Board members asked routine clarifying questions later in the meeting, but the transcript does not record a separate roll-call vote on a motion specifically identified as approval to file suit or obtain an injunction. The treasurer described the property as having declined in appearance and said the district wants the owner to meet obligations in the TIF contract.
The treasurer also said a related bid came in approximately $93,000 under estimate, and that one construction bid for a junior high freezer project had been postponed; she did not connect those bids directly to the TIF item.
The board did not record additional legal authorities or statutes during the discussion beyond repeated references to the district’s TIF agreement and the attorney’s counsel. The transcript does not show a formal vote on a litigation authorization separate from the treasurer’s report.
