Menu
  • Home
  • Case Pages
    • 2024 – 2025 Term
      • September Session
      • October Session
      • November Session
      • January Session
    • 2023 – 2024 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2022 – 2023 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2021 – 2022 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April Session
      • May Session
    • 2020 – 2021 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
    • 2019 – 2020 Term
      • September Session
      • October Session
      • November Session
      • January Session
      • February Session
      • March Session
      • April / May Session
      • June Session
    • Pending Cases
      • All Pending Cases
      • Fully Briefed
      • Not Fully Briefed
  • Roundups & Interviews
    • Experts Roundups
      • The Chief Judge Vacancy
      • Matter of Harkenrider v. Hochul
      • The Mortgage Acceleration Cases
      • Doe v. Bloomberg LP
      • CNH Diversified v. Cleveland Unlimited
    • News Roundups
    • Interviews
      • Hon. Leslie Stein (NYCA)
      • Hon. Eugene Fahey (NYCA)
  • NYCA Stats
    • 2023-2024 Term
    • 2022-2023 Term
    • 2021-2022 Term
    • 2021-2022 Midterm
    • 2020-2021 Term
    • 2019-2020 Term
    • 2018-2019 Term
  • Jurisdictional Letters
    • Finality
    • Constitutional Question
    • Dissents
    • Statute’s Validity
    • Stipulated Judgment
    • Necessarily Affects
    • Miscellaneous
      • Aggrieved Party
  • Resources
    • How An Appeal Gets To The New York Court of Appeals
    • Court Decisions
      • NYCA Decisions
      • Lower Court Decisions
      • Second Circuit Decisions
    • Legislative Resources
      • NY Statutes
      • NY Session Laws
      • NYCRR
      • NY Register
    • Research Resources
      • NY Bill Jackets
        • Bill Jackets (1995-present)
        • About older bill jackets.
      • NY Constitutional History
      • NYCA Briefs and Records
        • NYCA Briefs (2013-present)
        • About older NYCA briefs.
      • Other Primary Resources
        • NYLawz
        • NY State Library
        • Hein NY Legal Research Library (sub)
    • Practice Resources
      • NYCA Practice Rules
      • NYCA Civil Practice Outline
      • Certified Questions Handbook
      • NY Citation Rules
    • News and Commentary
      • NY Law Journal (sub)
      • NY Appellate Digest
      • NY Court Watcher
      • The CPLR Blog
      • NY Appeals
      • NY Focus
  • About Us
    • Who We Are
    • Contact Us
TwentyEagle

Case Summary – Matter of Town of Irondequoit v. Monroe County

Posted on 2020-03-042020-08-05

The question in this case is whether Real Property Tax Law (RPTL) § 936, which obligates a county to credit a town’s unpaid property tax, also requires the county to credit other unpaid assessments levied by a town against real property. 

In New York, each town collects county and local property taxes on real property located within the town’s borders. If the amount of taxes collected by the town does not cover the town’s tax bill, the county must pay the town the difference. In this regard, counties are said to guarantee the town’s property taxes. In return, counties are given sole authority to seek recovery of any tax deficiency through foreclosure on the real property. RPTL § 936 is the statutory provision that requires counties to guarantee town property taxes. That provision states that the county must credit the town “with the amount of . . . unpaid delinquent taxes.” 

This case involves town laws that seek to combat the blight of neglected and abandoned properties. Specifically, Irondequoit and Brighton–two towns situated in Monroe County near Rochester–enacted measures that authorized the town to perform maintenance and demolition work on blighted properties. The measures further authorized the town to levy the cost of that maintenance and demolition work against the affected property. Traditionally, the towns collected any such unpaid levies from the County pursuant to the property tax guarantee provision of RPTL § 936. In 2016, however, the County stated that it would no longer credit towns’ unpaid “non-tax” charges, including the maintenance and demolition charges.

The towns challenged the County’s decision in this CPLR article 78 proceeding. Supreme Court initially granted the petition and annulled the County’s decision, but a divided panel of the Fourth Department reversed. Noting that the guaranty provision of RPTL § 936 applied only to town “taxes,” the majority held that the charges at issue did not fall within the general definition of “tax” because they were for the benefit of the individual properties and were not “public burdens imposed generally for governmental purposes benefiting the entire community.” Nor were the charges a “special ad valorem levy,” which might be considered a “tax.” And even if the charges were considered a “special assessment,” the RPTL specifically excludes special assessments from the definition of “tax.” The two dissenting judges would have concluded that the charges were special assessments, which could, in the dissenters’ view, be considered a tax under circumstances such as these.

Petitioners appealed to the Court of Appeals as a matter of right based on the two-judge dissent.

Return to the case page for Matter of Town of Irondequoit v. Monroe County.

By Phil on 2020-03-04.
Return to the case page.

©2025 TwentyEagle | WordPress Theme by Superbthemes.com