Preview
27-CV-24-5697
Filed in District Court
State of Minnesota
4/11/2024 2:28 PM
STATE OF MINNESOTA REAL ESTATE TAX PETITIONS
DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
____________________________________
ROP Investment Co LLC, PETITION FOR REVIEW OF 2024
PROPERTY TAXES AND ASSESSMENT
Petitioner, AND LEVY UPON WHICH SUCH TAXES
ARE BASED, PURSUANT TO MINNESOTA
STATUTES 278.01, et. seq.
vs.
Court File No.________________________
(Colony Apartment Townhomes)
Law Offices of Nicholas A. Furia, PLLC
County of Hennepin, 120 South Sixth Street, Suite 1720
Minneapolis, MN 55402
Respondent.
____________________________________ Attorneys for Petitioner
COMES NOW the Petitioner, ROP Investment Co LLC, and respectfully petitions the
Court pursuant to the provisions of Minnesota Statutes Chapter 278 for review of the real estate
taxes due and payable in 2024 and the January 2, 2023 assessment and levy upon which such
taxes are based. In support thereof, the Petitioner represents and shows to the Court:
I.
Petitioner has an interest as lessee and/or has an estate, right, title or interest in or lien
upon the parcels of property identified in the attached Hennepin County Proposed Tax Statement
for Taxes Payable in 2024 with the Property Identification Number 33-028-24-31-0002, located
at 1601 75th St W, in Richfield, Minnesota (the “subject property”).
II.
The Assessor valued and assessed the subject property for real estate taxes payable in the
year 2024, including the land and the improvements located thereon, at the following value:
-1-
27-CV-24-5697
Filed in District Court
State of Minnesota
4/11/2024 2:28 PM
P.I.D. No. Market Value
33-028-24-31-0002 $ 31,504,000
III.
That the classification of the subject property is incorrect and/or that the subject property
has been assessed at a valuation greater than its real or actual market value.
IV.
Petitioner claims that the subject property has been unfairly and unequally assessed.
Based upon comparison with property of the same class and in comparable localities, the
estimated market value and resultant tax capacity as determined by the Assessor for the subject
property are greater in amount than can lawfully or constitutionally be established or imposed
upon the subject property and/or were determined and imposed in an arbitrary and unreasonable
manner and are excessive, unfair, discriminatory, illegal, and invalid. For the foregoing and
related reasons, the real estate taxes levied and assessed upon the subject property based upon
said value are illegal and invalid, being contrary to and in violation of the requirements of
uniformity, due process, and equal protection of the law under the Fourteenth Amendment to the
Constitution of the United States, under Section 7 of Article I and/or Section 1 of Article X of
the Constitution of the State of Minnesota, and/or under Minnesota Statutes Chapters 272 and
273.
WHEREFORE, Petitioner prays for an Order of the Court as follows:
1. Determining the validity of Petitioner’s claims and objections with respect to the
valuation, classification, and assessment of the subject property.
2. Reducing the estimated market value and resultant tax capacity of the subject
property from the value placed upon it by the Assessor.
-2-
27-CV-24-5697
Filed in District Court
State of Minnesota
4/11/2024 2:28 PM
3. Determining that the real estate taxes due and payable in the year 2024 be reduced
in accordance with the reduction of the estimated market value and the tax capacity of the subject
property.
4. Ordering that the Petitioner’s overpaid 2024 taxes be refunded with interest.
5. Allowing the Petitioner to recover its costs and disbursements herein.
6. Ordering that there be no penalties, costs, or interest against Petitioner on any
amount of taxes levied herein.
7. Granting such further relief as may be proper and equitable.
LAW OFFICES OF NICHOLAS A. FURIA, PLLC
April 11
Dated: _____________________, 2024 ________________________________________
The Office of the Hennepin County Attorney Accepts Service on Behalf of All County Officers
Nicholas A. Furia (#328984)
Who Must Be Served Pursuant to Minn. Stat § 278.01 120 South Sixth Street, Suite 1720
Minneapolis, MN 55402
By: /s/ Vanh Chan Telephone: (952) 960-2820
E-Mail: nick@nfurialaw.com
Date: 4/11/2024
ATTORNEYS FOR PETITIONER
-3-
27-CV-24-5697
Filed in District Court
State of Minnesota
4/11/2024 2:28 PM
Due and personal service of the required number of copies of the within Petition is
admitted at Minneapolis, Minnesota, this ________ day of _____________, 2024.
_________________________________________
County Auditor
By: ______________________________________
-4-
27-CV-24-5697
Filed in District Court
State of Minnesota
Hennepin County Property ID
1601
NO:
75TH ST
33-028-24
w
31 0002 4/11/2024 2:28 PM
A6OO Government Center
300 5. Sixth Street Property taxes statement schedule
-
Minneapolis, MN 55487-0060 "'13, ,
.
Value 8' dass'fi'atm"
,-
612-348-3011 hennepin.us 5'99
TAX YEAR PAYABLE 2023 2024
2023 values for taxes payable in 2024 2024 CLASS: APT NHSTD APT NHSTD
Estimated Market Value: $29,327,000 $31,504,000
Homestead Exclusion: $0 $0
Other Exclusion/Deferral: $0 $0
Taxable Mkt Value: $29,327,000 $31,504,000
ROP INVESTMENT CO LLC
C/O OTNESS MANAGEMENT C0
7242 METRO BLVD #100
EDINA MN 55439~2125 Step Proposed levies & taxes
2023 TAX $479,373.14
2024 PROPOSED $487,657.49
Percent change 1.7%
Now is the time to provide feedback on proposed levies.
It is too late to appeal your value or classification without going to Tax Court.
THIS IS NOT A BILL
DO NOT PAY
Propertytaxstatement
Coming March 2024, due May 15, 2024 and Oct. 15, 2024
Addresses for correspondence Actual 2023 Proposed 2024 Meeting date & location
Hennepin County, A2400 $130,981.89 $140,566.90 Nov 28, 2023 6:00 PM
300 S Sixth St Commissioner Board Room
Minneapolis MN 55487 Hennepin County, A2400
612-3483011 300 S Sixth St
hennepin.us Minneapolis MN 55487
City of RICHFIELD $186,377.00 $205,299.75 Nov 28, 2023 6:30 PM
Richfield City Hall Richfield City Hall
6700 Portland Ave S 6700 Portland Ave S
Richfield MN 55423 Richfield MN 55423
612-861-9700
richfieldmn.gov
STATE GENERAL TAX No meeting required
School District 280 Dec 4, 2023 7:00 PM
Voter Approved Levy: $60,797.85 $38,241.91 District Office Board Room
Other Local Levies: $71,999.33 $72,651.36 Richfield Public Schools
School District Total $132,797.18 $110,893.27 401 West 70th Street
Richfield Public Schools Your school district was scheduled to hold a referendum at Richfield MN 55423
401 West 70th Street the November general election. If this referendum was
Richfield MN 55423 approved by voters, the school district's property tax for
612-798-6031 2024 may be higher than the proposed amount on this notice
' kl? 'fldrac-ag;
richfieldschools.org
Metro Special Taxing Dist.
Metropolitan Council $7,232.78
e sfifqi I
#7-
Hell$7,261.67
' 51520
neé 13
Council Chambers
2023 6:00 PM
390 Robert Street North 390 Robert Street North
St Paul 55101-1805
MN St Paul MN 55101-1305
651-602-1738
metrocounci1.org
Other Spec. Taxing Dist: $21,984.29 $23,635.90 No meeting required
Fiscal Disparity Tax: No meeting required
Tax Increment Tax: No meeting required
TAX EXCLUDING SPECIAL ASSESSMENTS $479,373.14 $487,657.49
hennepin.us/propertytaxes THIS IS NOT A BILL
DO NOT PAY
Preview
27-CV-24-5697 Filed in District Court State of Minnesota 4/11/2024 2:28 PM STATE OF MINNESOTA REAL ESTATE TAX PETITIONS DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ____________________________________ ROP Investment Co LLC, PETITION FOR REVIEW OF 2024 PROPERTY TAXES AND ASSESSMENT Petitioner, AND LEVY UPON WHICH SUCH TAXES ARE BASED, PURSUANT TO MINNESOTA STATUTES 278.01, et. seq. vs. Court File No.________________________ (Colony Apartment Townhomes) Law Offices of Nicholas A. Furia, PLLC County of Hennepin, 120 South Sixth Street, Suite 1720 Minneapolis, MN 55402 Respondent. ____________________________________ Attorneys for Petitioner COMES NOW the Petitioner, ROP Investment Co LLC, and respectfully petitions the Court pursuant to the provisions of Minnesota Statutes Chapter 278 for review of the real estate taxes due and payable in 2024 and the January 2, 2023 assessment and levy upon which such taxes are based. In support thereof, the Petitioner represents and shows to the Court: I. Petitioner has an interest as lessee and/or has an estate, right, title or interest in or lien upon the parcels of property identified in the attached Hennepin County Proposed Tax Statement for Taxes Payable in 2024 with the Property Identification Number 33-028-24-31-0002, located at 1601 75th St W, in Richfield, Minnesota (the “subject property”). II. The Assessor valued and assessed the subject property for real estate taxes payable in the year 2024, including the land and the improvements located thereon, at the following value: -1- 27-CV-24-5697 Filed in District Court State of Minnesota 4/11/2024 2:28 PM P.I.D. No. Market Value 33-028-24-31-0002 $ 31,504,000 III. That the classification of the subject property is incorrect and/or that the subject property has been assessed at a valuation greater than its real or actual market value. IV. Petitioner claims that the subject property has been unfairly and unequally assessed. Based upon comparison with property of the same class and in comparable localities, the estimated market value and resultant tax capacity as determined by the Assessor for the subject property are greater in amount than can lawfully or constitutionally be established or imposed upon the subject property and/or were determined and imposed in an arbitrary and unreasonable manner and are excessive, unfair, discriminatory, illegal, and invalid. For the foregoing and related reasons, the real estate taxes levied and assessed upon the subject property based upon said value are illegal and invalid, being contrary to and in violation of the requirements of uniformity, due process, and equal protection of the law under the Fourteenth Amendment to the Constitution of the United States, under Section 7 of Article I and/or Section 1 of Article X of the Constitution of the State of Minnesota, and/or under Minnesota Statutes Chapters 272 and 273. WHEREFORE, Petitioner prays for an Order of the Court as follows: 1. Determining the validity of Petitioner’s claims and objections with respect to the valuation, classification, and assessment of the subject property. 2. Reducing the estimated market value and resultant tax capacity of the subject property from the value placed upon it by the Assessor. -2- 27-CV-24-5697 Filed in District Court State of Minnesota 4/11/2024 2:28 PM 3. Determining that the real estate taxes due and payable in the year 2024 be reduced in accordance with the reduction of the estimated market value and the tax capacity of the subject property. 4. Ordering that the Petitioner’s overpaid 2024 taxes be refunded with interest. 5. Allowing the Petitioner to recover its costs and disbursements herein. 6. Ordering that there be no penalties, costs, or interest against Petitioner on any amount of taxes levied herein. 7. Granting such further relief as may be proper and equitable. LAW OFFICES OF NICHOLAS A. FURIA, PLLC April 11 Dated: _____________________, 2024 ________________________________________ The Office of the Hennepin County Attorney Accepts Service on Behalf of All County Officers Nicholas A. Furia (#328984) Who Must Be Served Pursuant to Minn. Stat § 278.01 120 South Sixth Street, Suite 1720 Minneapolis, MN 55402 By: /s/ Vanh Chan Telephone: (952) 960-2820 E-Mail: nick@nfurialaw.com Date: 4/11/2024 ATTORNEYS FOR PETITIONER -3- 27-CV-24-5697 Filed in District Court State of Minnesota 4/11/2024 2:28 PM Due and personal service of the required number of copies of the within Petition is admitted at Minneapolis, Minnesota, this ________ day of _____________, 2024. _________________________________________ County Auditor By: ______________________________________ -4- 27-CV-24-5697 Filed in District Court State of Minnesota Hennepin County Property ID 1601 NO: 75TH ST 33-028-24 w 31 0002 4/11/2024 2:28 PM A6OO Government Center 300 5. Sixth Street Property taxes statement schedule - Minneapolis, MN 55487-0060 "'13, , . Value 8' dass'fi'atm" ,- 612-348-3011 hennepin.us 5'99 TAX YEAR PAYABLE 2023 2024 2023 values for taxes payable in 2024 2024 CLASS: APT NHSTD APT NHSTD Estimated Market Value: $29,327,000 $31,504,000 Homestead Exclusion: $0 $0 Other Exclusion/Deferral: $0 $0 Taxable Mkt Value: $29,327,000 $31,504,000 ROP INVESTMENT CO LLC C/O OTNESS MANAGEMENT C0 7242 METRO BLVD #100 EDINA MN 55439~2125 Step Proposed levies & taxes 2023 TAX $479,373.14 2024 PROPOSED $487,657.49 Percent change 1.7% Now is the time to provide feedback on proposed levies. It is too late to appeal your value or classification without going to Tax Court. THIS IS NOT A BILL DO NOT PAY Propertytaxstatement Coming March 2024, due May 15, 2024 and Oct. 15, 2024 Addresses for correspondence Actual 2023 Proposed 2024 Meeting date & location Hennepin County, A2400 $130,981.89 $140,566.90 Nov 28, 2023 6:00 PM 300 S Sixth St Commissioner Board Room Minneapolis MN 55487 Hennepin County, A2400 612-3483011 300 S Sixth St hennepin.us Minneapolis MN 55487 City of RICHFIELD $186,377.00 $205,299.75 Nov 28, 2023 6:30 PM Richfield City Hall Richfield City Hall 6700 Portland Ave S 6700 Portland Ave S Richfield MN 55423 Richfield MN 55423 612-861-9700 richfieldmn.gov STATE GENERAL TAX No meeting required School District 280 Dec 4, 2023 7:00 PM Voter Approved Levy: $60,797.85 $38,241.91 District Office Board Room Other Local Levies: $71,999.33 $72,651.36 Richfield Public Schools School District Total $132,797.18 $110,893.27 401 West 70th Street Richfield Public Schools Your school district was scheduled to hold a referendum at Richfield MN 55423 401 West 70th Street the November general election. If this referendum was Richfield MN 55423 approved by voters, the school district's property tax for 612-798-6031 2024 may be higher than the proposed amount on this notice ' kl? 'fldrac-ag; richfieldschools.org Metro Special Taxing Dist. Metropolitan Council $7,232.78 e sfifqi I #7- Hell$7,261.67 ' 51520 neé 13 Council Chambers 2023 6:00 PM 390 Robert Street North 390 Robert Street North St Paul 55101-1805 MN St Paul MN 55101-1305 651-602-1738 metrocounci1.org Other Spec. Taxing Dist: $21,984.29 $23,635.90 No meeting required Fiscal Disparity Tax: No meeting required Tax Increment Tax: No meeting required TAX EXCLUDING SPECIAL ASSESSMENTS $479,373.14 $487,657.49 hennepin.us/propertytaxes THIS IS NOT A BILL DO NOT PAY