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Town board approves settlement in Goshen Diner tax challenge
Summary
The Town of Goshen board approved a resolution settling a tax certiorari case for the Goshen Diner (Kaz/Goshen Caz Realty Group LLC), accepting a reduced assessment to avoid litigation and estimating a $2,992 refund to the town; the settlement freezes the assessment for three years under state law.
Special counsel Robert Beata told the Town of Goshen board that a proposed resolution would settle a pending tax certiorari case involving Kaz/Goshen Caz Realty Group LLC, the owner-occupied Goshen Diner. He said the town used an income approach and comparisons with similar diners and concluded the diner was overassessed.
"We found that the Goshen Diner here was over assessed," Beata said, adding that settling avoided appraisal fees, additional legal fees and the interest and penalties that can accrue under state real property tax law. He provided the board with an anticipated refund to the town of $2,992 and said the settlement would "stay frozen for no less than 3 years," preventing further adjustments during that period.
Board members asked whether the settlement covered years prior to 2025 and whether there had been a change in ownership. Beata replied the owner had not changed and that the town had chosen to limit exposure to the first challenged year to avoid larger future liabilities.
The chair moved to adopt the resolution; the motion was seconded and carried on a roll-call vote with the board approving the settlement. The board noted the school district and village had been informed and that the settlement helps provide certainty to the town's tax base.
The resolution does not change the town's assessment process; it resolves the current petition through a negotiated adjustment and procedural accommodations described by Beata. The board recorded the vote and moved on to other agenda items.
