News
10/27/25 | Firm News
Kirby McInerney Secures Reinstatement of Nassau County Tax Assessment Discrimination Lawsuit on Appeal
NEW YORK - Kirby McInerney LLP is proud to announce that it has procured a unanimous decision overturning the lower court's dismissal of a case alleging tax assessment discrimination in Nassau County in the NY Supreme Court Appellate Div., 2nd Dept.
The case alleges that Nassau County’s property tax assessment scheme is discriminatory because it results in homeowners in the County’s less wealthy, predominantly minority communities paying a disproportionate share of the County’s overall tax burden vis-à-vis those homeowners who live in the County’s wealthier, predominantly white communities. This occurs because: (i) homes in wealthier, predominately white neighborhoods appreciate in value at a faster rate than those in less wealthy, predominately minority communities; and (ii) the County relies on stale assessment values that do not capture these varying rates of appreciation. As a consequence, the County’s wealthier, predominantly white homeowners are undertaxed relative to their homes’ current fair market values, which has resulted in less wealthy, minority homeowners being overtaxed.
The Appellate Division reversed the trial court’s ruling that the Plaintiffs lacked standing to challenge the County’s real property tax assessment policies, and further ordered the case transferred to Queens County Supreme Court, in order to ensure that it is heard by impartial jury.
"We are very pleased with the court's ruling and look forward to continuing to forcefully litigate this important issue on behalf of our clients and all class members who have been unfairly disadvantaged by these practices," said Partner Andrew McNeela, who argued the appeal.
The plaintiffs are represented by Andrew McNeela, David Bishop, and Karina Kosharskyy of Kirby McInerney.
The case alleges that Nassau County’s property tax assessment scheme is discriminatory because it results in homeowners in the County’s less wealthy, predominantly minority communities paying a disproportionate share of the County’s overall tax burden vis-à-vis those homeowners who live in the County’s wealthier, predominantly white communities. This occurs because: (i) homes in wealthier, predominately white neighborhoods appreciate in value at a faster rate than those in less wealthy, predominately minority communities; and (ii) the County relies on stale assessment values that do not capture these varying rates of appreciation. As a consequence, the County’s wealthier, predominantly white homeowners are undertaxed relative to their homes’ current fair market values, which has resulted in less wealthy, minority homeowners being overtaxed.
The Appellate Division reversed the trial court’s ruling that the Plaintiffs lacked standing to challenge the County’s real property tax assessment policies, and further ordered the case transferred to Queens County Supreme Court, in order to ensure that it is heard by impartial jury.
"We are very pleased with the court's ruling and look forward to continuing to forcefully litigate this important issue on behalf of our clients and all class members who have been unfairly disadvantaged by these practices," said Partner Andrew McNeela, who argued the appeal.
The plaintiffs are represented by Andrew McNeela, David Bishop, and Karina Kosharskyy of Kirby McInerney.
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