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Challenge to New Kent assessments rejected

New Kent Circuit Judge Thomas B. Hoover rejected today a challenge to the reassessment of real estate in the county.

Property owners had filed a petition with Commonwealth’s Attorney C. Linwood Gregory under Code Sec. 58.1-3003 that required him to appeal an “order for the imposition of taxes” to circuit court.

But in addition to filing the petition, Gregory filed a motion to withdraw because he did not have a good faith belief in the validity of the petition. He contended, and County Attorney Jeffrey M. Summers agreed, that the statute applies only to the tax levy and cannot be used for a general attack on reassessments.

Hoover granted Summers’ demurrer without leave to amend after a brief hearing at which Summers said, “I think it’s fair to say that Linwood and I were in violent agreement.” Here is Hoover’s order.

Accomack Circuit Judge Glen Tyler reached the same conclusion last week in a similar challenge to a reassessment in that county.

By Alan Cooper

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