Our Views: Common sense in short supply

The Island Now

The New York State Appellate Division of the Supreme Court has ruled that the Common Sense Law enacted by the Republican-led Nassau County Legislature doesn’t make sense.

For at least 60 years the county was responsible for refunding homeowners whose property taxes were improperly assessed. Under a provision enacted in 1948 called the “county guarantee,” the county, and not the school districts and towns, were required to pay tax-certiorari refunds.

The Common Sense Law passed in 2010 put the burden back on the school districts and towns. The school districts say that having to make the property-tax refunds and pay for the litigation puts an unfair burden on the cash-strapped districts.

The Appeals Court decision had nothing to do with whether the Common Sense law makes  sense. Rather they ruled that the 2010 legislation conflicted with the Municipal Home Rule Law, which holds that the county cannot supersede any law relating to the distribution of tax proceeds or benefit assessments.

What’s needed here is a little more common sense. The school districts should be concerned with providing the best possible education for the young people of Nassau County. They should not be involved with litigating property tax assessments.

Nor should they be at war with Nassau County Executive Edward Mangano.

 As long as there is a property tax, there will be disputes about the assessments.

 The burden should be on the county Legislature and the school superintendents to find a way to work this out that doesn’t hurt the schools and students.

 It doesn’t help for Mangano to blame the Democrats in the Legislature and his predecessor Tom Suozzi who he says, “created this mess.”

 Mangano may indeed win when he appeals to a higher court. But that will be a shallow victory.

 The Legislature and Mangano need to find a “common sense” solution that works for all sides.

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