Goshen board agrees to settle certiorari claim tied to 77 Main Street sale

Town of Goshen Town Board · November 26, 2025

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Summary

Town counsel recommended approving a proposed consent judgment resolving a certiorari claim for Minewald Realty (77 Main Street); counsel said the property sold this year in an arm’s‑length sale and recommended a negotiated reduced assessment to avoid costly litigation.

Town counsel presented a proposed consent judgment on Nov. 25 to resolve a tax certiorari challenge over Minewald Realty’s parcel at 77 Main Street, recommending the board accept a negotiated reduction in assessed value rather than continue litigation.

Counsel (identified in the transcript as "Mister Romero") said the property was sold earlier this year and described that an arm’s‑length sale is the best evidence of value; during the presentation the sale price as stated in testimony was discussed as "612,000 and, 612,000, 500." Counsel said clerical defects in prior filings allowed the town to remove two tax years from challenge and that statutory moratoria on judicially reduced assessments cited in the discussion (Real Property Tax Law provisions referenced in the transcript) had elapsed for some years, narrowing the years subject to review. Counsel recommended acceptance of the consent judgment to avoid further expense.

Board members questioned valuation approaches for income‑producing/commercial property (income capitalization vs. reliance on the sale price) and asked whether a new owner could later file their own certiorari; counsel said a new owner could file but that an arm’s‑length sale strengthens the town’s defense and that the town expects to voluntarily adjust the 2026 assessment to reflect negotiations and avoid future refunds.

A motion to approve the certiorari settlement was made and the board proceeded with roll call and recorded affirmative responses. The board said it would finalize signatory steps (the judge’s signature was noted as a final required signature in the consent judgment).