Rogers County's sales tax revenue down for January

BY RHETT MORGAN World Staff Writer
Sunday, January 20, 2013
1/20/13 at 6:41 AM


CLAREMORE - Rogers County sales tax funds applied to a more than $32 million civil judgment were down slightly in the second month of collections, records show.

On Jan. 9, the county treasurer's office received a tax payment of $1,012,492.70 from the Oklahoma Tax Commission. Of that amount, $183,938.94 will be earmarked for a judgment to Material Service Corp. in an inverse condemnation case, county and tax commission documents show.

An increase in the county tax rate from 1.5 percent to 1.833 percent took effect Oct. 1.

Passed by voters in June, the one-third-cent tax hike is being used to pay off a $32.375 million civil judgment to the Material Service Corp. mining company.

In two months, a total of $382,631.49 has been collected for the debt, including $198,692.55 in a December payment, records show.

"We're getting there," said Kirt Thacker, county commissioner of Claremore-based District 3. "There wasn't a good answer to that deal, but we're getting there."

Rogers County is scheduled to make twice-a-year payments to Material Service in March and September, said Christine Day, county spokeswoman.

Inverse condemnation is action taken by a county that does not take property but diminishes its value.

Material Service Corp. filed the action against the county in 2000. The company wasn't seeking monetary damages but wanted a determination by the court that the county had improperly annexed 320 acres leased by Material Service, preventing it from mining there, corporate attorney Elizabeth Nichols said last summer.

Litigation continued throughout the 2000s and after a change-of-venue request, the case went to trial in Mayes County in 2009, with the jury awarding Material Service $12.5 million.

Prejudgment and post-judgment interest, attorneys fees and costs since the 2009 jury verdict pushed the amount to more than $32 million.

Original Print Headline: Rogers County tax funds down
Rhett Morgan 918-581-8395
rhett.morgan@tulsaworld.com


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