FARMINGTON – Franklin County commissioners voted 2-1 Tuesday against hearing an appeal by Industry property owners for a tax refund on their family cemetery next to Clearwater Lake.
Commissioners had earlier set a hearing for Tuesday, Feb. 7, for William Davis of Farmington and his siblings. The family members asked that $1,035.75 of their $2,727.94 tax bill be returned because their quarter-acre burial ground with 106 feet of shoreline is exempt from property taxes. It is for cremated remains, and none are buried there.
Industry selectmen took no action on the family’s abatement request; therefore it was essentially denied.
Davis claims the family was discriminated against because the town does not tax 13 other family cemeteries/burial grounds. However, Industry selectmen claim no public cemeteries are taxed but private ones are.
According to state law, a private family cemetery or burial ground is not exempt from taxation. State law exempts public cemeteries from taxation.
Commissioners were to consider Davis’ request for more time to research, but instead Commissioner Gary McGrane of Jay motioned to rescind the vote on holding the hearing.
“I prefer we don’t ever hear it,” McGrane said Tuesday, based on the information he received. He said it was a moot issue because of the law.
“I don’t think he has the legal grounds to stand on,” he said.
Commission Chairman Fred Hardy of New Sharon said Tuesday that he had a problem with not hearing the appeal.
He said constituents have a right to be heard, and he thought commissioners would be skipping that step if they didn’t hear the case.
McGrane said Davis has a right to take the case to Superior Court.
“What we would be hearing is a matter of law,” McGrane said. He said the board would be acting on a legal matter rather than a matter of whether he was treated unfairly.
McGrane and Commissioner Meldon Gilmore of Freeman Township voted to rescind the vote to hold a hearing with Hardy dissenting.
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