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Letters November 29, 2006
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Democrats were instrumental in arts center suit litigation

Former Mayor Mollie Giamanco correctly points out that the decision to sue the Highway Authority for property taxes at the PNC Bank Arts Center began under a Republican administration ("GOP laid foundation for arts center tax decision," letters, Nov. 15). What she does not say, however, is that the litigation had been dragging on for five years with no resolution in sight and that it was the Democratic administration that brought the results.

The prior Republican administration had attempted to settle the litigation for a small payment in lieu of taxes. When the Democrats assumed the majority in 2003, we made the litigation a top priority. We reviewed the case with our legal counsel and tax assessor, met with executive members of the Highway Authority and its counsel in an attempt to negotiate a better settlement for Holmdel taxpayers, and researched the law. Based upon our research and meetings, we concluded we had a strong case and should not accept the meager payment offered by the Highway Authority. With unanimous and bipartisan support from the Township Committee, we chose to pursue the litigation full force.

That decision appears to have been right for the Holmdel taxpayers. We have won in tax court, and on first appeal the Appellate Court ruled 3-0 in Holmdel's favor. There is one possible appeal left. If we prevail - and the law is in our favor that we will - Holmdel taxpayers stand to receive millions of dollars in back taxes and future tax payments.

Janet Berk

former Holmdel Deputy Mayor

Larry Fink

Township Committee member and

former Holmdel Mayor