A local golf course is teed off with the City of Vernon.
The Rise Golf Course (RGC) and Rencor Investments Ltd. have filed a notice of civil claim in Supreme Court in Kelowna, claiming negligent misrepresentation by the city over a property tax bill.
The suit states that in or about 2014, RGC learned of a chance to buy the subject lands and made inquiries to the city as to the amount of property taxes payable in respect to the subject lands.
The city provided RGC with the 2014 property tax notice for the lands, saying the land was assessed at slightly more than $2.1 million and the tax rate for the lands was $32,690.40.
Based on those numbers, says the suit, RGC made an offer to purchase the subject lands in a foreclosure proceeding, which was court-approved in November 2014.
In or around June 2015, the city issued a 2015 property tax notice for the subject lands, saying the assessed rate was now just more than $1.9 million and the tax rate remained the same as the year before.
On July 13, 2015, the city advised RGC it made an error in the Local Service Area tax rate and issued an amended property tax notice for the subject lands, showing the area tax rate had almost tripled to $97,194.59, and that slightly more than $187,000 in outstanding property taxes was owed to the city.
RGC and Rencor Investments Ltd. say in the claim they have “suffered and will continue to suffer loss and damage” for overpayment for the subject lands and increased tax liability.
RGC and Rencor Investments Ltd. are seeking general and special damages.
Note: This story has been updated late Friday afternoon to correct the earlier version which stated the Rise Golf Course and housing development filed the claim. The housing development is not, in any way, a party to the lawsuit. We apologize for the earlier error.