Sarpy considers ed lawsuit

The Sarpy County Board took action Tuesday that could position the county for a legal challenge against the Douglas-Sarpy County learning community.

The board voted 5-0 to direct Sarpy County Attorney Lee Polikov to explore options for dealing with what officials contend is an inherent unfairness with how the new entity will be funded.

The board directed Polikov to research the “disparate” ways that Douglas and Sarpy Counties value property for tax purposes and report back on “what actions, if any, can be taken.”

“I’m not asking the county attorney to sue anybody right now,” said Commissioner Pat Thomas, who requested the action. “That may come later.”

Sarpy officials contend that the learning community’s common tax levy may violate the Nebraska Constitution’s requirement that taxes be levied “by valuation uniformly and proportionately” because, they say, Sarpy assesses property more rigorously than Douglas.

Officials in Sarpy argue that the largely suburban county’s property values are updated more frequently and kept closer to the properties’ actual value.

As a result, they contend, Sarpy’s property owners could contribute more than their fair share to the 11-school district educational cooperative.

The Douglas-Sarpy learning community council will set a common levy this summer on property in the two counties.

Polikov said the disparate systems of valuing property are “inherently unfair,” but a lawsuit would be a last resort. The problem might be resolved short of a lawsuit by state tax officials or the Nebraska Legislature.

Thomas said Sarpy County’s concerns about less rigorous valuation methods by the Douglas County Assessor predate the 2007 creation of the two-county learning community.

Its creation, however, “adds more salt to the wound,” he said.

The Nebraska Legislature created the learning community to enhance education in the metro after a series of border fights between districts and allegations from Omaha Public Schools officials that the state was providing insufficient funding for educating kids in high-poverty areas.

Through the common levy, at least some property taxes would be funneled from suburban districts to Omaha to help educate disadvantaged youths.

Commissioner Tom Richards persuaded the board to broaden Polikov’s charge to research the tax implications for all taxing districts that cross Harrison Street, the county line.

Disparate valuation methods could also affect Metro Community College, the Omaha Public Schools, Millard Public Schools and fire districts that straddle the boundary, he said.

“I’m concerned about the unintended consequences” of a lawsuit, he said.

Contact the writer:

444-1077, joe.dejka@owh.com