Printer Friendly

APPEALS COURT RULES UNANIMOUSLY IN ORANGE COUNTY CABLE INDUSTRY'S FAVOR

 COSTA MESA, Calif., Feb. 4 /PRNewswire/ -- In a unanimous decision, the California Court of Appeals in the Fourth District struck down Orange County Assessor Brad Jacobs' new method of taxing cable television property.
 "This is an overwhelming victory for California cable television operators and for cable television subscribers in Orange County," declared Don Granger, vice president & regional general manager of Multivision Cable Television.
 For the past three years, the cable industry has been complaining that the county assessor's assessment methods of the cable industry were wrong. The Assessment Appeals Board rejected the assessor's methodology in a 1991 decision. The assessor appealed that ruling to the Orange County Superior Court where he again lost. In a decision made last week, the Court of Appeals upheld the lower court's ruling with a unanimous decision.
 The court found that the method used by the Assessment Appeals Board, the cost replacement method for fixtures and personal property, was "not arbitrary, an abuse of discretion, or contrary to law." In fact, the court held that the cost method was preferable, since "the board found that neither the comparable sales approach nor the income approach was reliable."
 The court noted that by affirming the board's decision, it was putting the cable operators on equal footing with similar Orange County businesses.
 The court further stated that the cost replacement method, "best expresses the value of the cable operator's property and was necessary to achieve fairness and uniformity by equalizing assessments."
 John Gibbs, vice president and legal counsel of Continental CableVision stated, "The Appeals Court's unanimous decision, coupled with a very similar unanimous decision of the same date by the Third Appellate District's Court of Appeals sends a clear message to the county assessor that he should stop discriminating against the cable industry and end his vendetta; that he should stop wasting taxpayer money and that he should re-appraise all cable television property in Orange County according to the decisions of the Assessment Appeals Board, the Superior Court and the Court of Appeals."
 -0- 2/4/93
 /EDITOR'S NOTE: The decision was filed on Jan. 28. The name of the case was County of Orange v. Orange County Assessment Appeals Board No. 1. American Television and Communications Corp. was the real party of interest. Representing the cable industry in this suit was Paul M. Gordon of the law office of Paul M. Gordon and Douglas Mo of the San Francisco law firm of Shartsis, Friese & Ginsburg.
 The Court of Appeal of the State of California, Third Appellate District (Sutter) filed a decision on Jan. 28, 1993, in the case of Emil Shubat as Assessor v. Sutter County Assessment Appeals Board No. 1 and Northern California Cablevision Inc. whereby the assessor's appeal was rejected and the court found that Continental CableVision's business intangibles (such as goodwill, subscribers lists, etc.) and rights to do business were not taxable./
 /CONTACT: Harvey Englander of Campaign Management, 714-755-3555, ext. 318/


CO: ST: California IN: SU:

EH-KJ -- LA034 -- 3089 02/04/93 14:43 EST
COPYRIGHT 1993 PR Newswire Association LLC
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1993 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Publication:PR Newswire
Date:Feb 4, 1993
Words:501
Previous Article:XEROX WILL MARKET PRISM SOFTWARE SYSTEM TO DRAMATICALLY SPEED UP HP DOCUMENT PRINTING
Next Article:SHAWMUT RESCHEDULES AUCTION OF $30 MILLION IN COMMERCIAL REAL ESTATE FOR MARCH 6-7
Topics:


Related Articles
SUPERIOR COURT AFFIRMS ASSESSMENT APPEALS BOARD RULING; ORANGE COUNTY ASSESSOR BRAD JACOBS LOSES CABLE TV ASSESSMENT BATTLE FOR SECOND TIME
USIMTA TAKES AIM AT FEDERAL COURT DECISION TO DENY WIRELESS CABLE COMPETITION
Court affirms cities as best arbiters of local cable needs.
Appeals Court Hears Portland Case On Open Access Cable Requirement.
Company To Stop Paying High-Speed Franchise Fees to California Cities.
Supreme Court Takes On Telecommunication Issues.
9th Circuit rejects cable modem appeal.
Appeals Court Rules in Favor of Applied Medical, Sending 3rd Patent Infringement Case Against Tyco/U.S. Surgical Back to Trial Court.
Appeals court rules against local governments in video franchise case.

Terms of use | Copyright © 2017 Farlex, Inc. | Feedback | For webmasters