Assessment board declines to reopen tax-abatement appeal by Dr. Joseph Chisari

The Cumberland County Board of Assessment Review on July 21 declined to reopen a prior denial of a property tax-abatement appeal filed by Dr. Joseph Chisari for two units at Mayberry Landing in Naples.

Chair Jeffrey Crane told the board the panel had already heard the appeal at its June 16 meeting, issued a final written decision and advised the applicant of appeal rights, and that under the board's procedure "no testimony or public comment will be taken unless the board first votes to grant that reconsideration." Crane then announced, "In that case, hearing no motion, the reconsideration fails."

Why it matters: the decision preserves the board's written denial of Chisari's abatement request (Map 5, Lot 5-6 and Lot 5-7) and leaves in place the procedural path for the appellant to pursue remedies under Maine law. Board members spent the meeting deciding whether to place a motion to reopen on the floor; none of the members moved to do so.

During deliberations, a Committee member said the board had already ‘‘gotten to the bottom of it’’ in the prior hearing and that they did not expect to change their votes. Another Committee member explained that absent a motion by the board to reopen the case, the request would effectively be denied. After the chair confirmed there was no motion, the board treated the reconsideration request as failed by inaction.

The chair reiterated that the board had issued a letter outlining the applicable appeal rights under Maine law and that the appellant "has the right to move forward in that fashion." The transcript does not record any additional evidence being submitted at this meeting.

Next steps: The board's prior written decision remains final for this docket. The appellant may pursue the appeal options noted in the board's letter under Maine law.