Scott Air Force Base Properties LLC (SAFBP) filed a complaint for declaratory judgment against St. Clair County asking a federal court to declare military housing property owned by SAFPB and the government not be subject to ad valorem taxation.

The plaintiff also is seeking a declaration and judgment that all transactions entered into under the Military Housing Private Initiative Act are exempt from state taxation.

According to the complaint filed Nov. 1 in U.S. District Court, the property in question consists of two parcels of real estate located entirely in the confines of Scott Air Force Base.

The plaintiff entered into a 50-year lease on Jan. 1, 2006, with the Secretary of the Air Force to construct and maintain military housing on behalf of the government.

According to the plaintiff, on June 15, the St. Clair County Board of Review indicated they were going to assess an "omitted property" tax in the amount of $15,681,300 per parcel for the tax year 2006. In July, SAFBP was informed that the same tax would be assessed for the tax year 2007.

Scott Air Force Base Properties LLC claims it has objected to the tax because the property is exempt from taxation because it is owned by the United States.

St. Clair County argues that because the land is now leased it is subject to ad valorem taxation, the suit states.

Scott Air Force Base Properties LLC claims unless the court takes action it will be irreparably damaged because it has no adequate remedy at law.

Represented by Joe McDonnell of Greensfelder, Hemker & Gale of Belleville, SAFBP is seeking the court to declare the leasehold interest is not subject to state taxation and costs of the suit.

The case has been assigned to District Judge J. Phil Gilbert in Benton.

07 CV 773 JPG

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