December 14, 2023
Awaiting Government’s Response
The Yuma County Hospital District (the “District”), a special taxing district charged with oversight duties related to the Yuma Regional Medical Center, has imposed a secondary property tax on Yuma property owners without the necessary voter approval. The District did this by making its request directly to the Yuma County Board of Supervisors (the “Board”), bypassing voters and telling the Board it had no choice in the matter and was legally required to impose the tax.
This violates clear provisions in Arizona law that special taxing entities like the District may not impose property taxes without first obtaining voter approval in an election. Goldwater has stepped in on behalf of a Yuma property owner, Rick Ogston, and filed a lawsuit seeking a refund of the unlawful taxes already assessed against Mr. Ogston, as well as a declaration from the court that the tax is illegal and invalid.
The case is Ogston v. Arizona Department of Revenue. The complaint was filed December 14, 2023 in Arizona Tax Court, a specialized department of the Maricopa County Superior Court, seeking a refund of the tax amounts already collected and a declaration that the tax is illegal and invalid.
John Thorpe is a Staff Attorney at the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation, where he litigates in the areas of education, free speech, economic liberty, government transparency, regulatory reform, and property rights. After graduating from the Sandra Day O’Connor College of Law at Arizona State University, John clerked for Judge Carolyn B. McHugh… Read more...
Jon Riches is the Vice President for Litigation for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and General Counsel for the Institute. He litigates in federal and state trial and appellate courts in the areas of economic liberty, regulatory reform, free speech, taxpayer protections, public labor issues, government transparency, and school choice, among others.… Read more...
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