Campbell’s Landlord Files Assessment Appeal

Two candidates on the Republican ticket are involved in pending lawsuits filed against the town of Darien.

Jerry Nielsen, President of The Nielsen Company in Darien and candidate for selectman has filed appeals for four of his properties, which he says were incorrectly assessed. First Selectman candidate Dave Campbell, CEO of Rings End Lumber is also involved with an assessment appeal—albeit indirectly.

According to town records, Midland LLP, the privately held company that leases the Rings End Lumber property, has filed appeals against four of its five Darien parcels.

“We’re simply a tenant,” said Campbell. “If I owned the property I would have said right away ‘I’m just like Jerry,’ but I’m not.”

Unlike Nielsen, Campbell does not own the property of his Darien business. Principals of Midland LLP—Carl Keil, Marcia R. Keil and Charles M. H. Keil—have owned the property since the 1950s. Campbell said neither he nor anyone in his family has any interest in the property, other than paying rent. He added that the lawsuit should have no affect on his running for office, nor his standing if elected.

“There’s no conflict of interest, because I’m not bringing the case,” he said.

Rings End Lumber is listed among the top 100 taxpayers on the Grand List. The Oct. 1 2008 assessments of the property top $8.7 million. Assessments represent 70 percent of a property’s appraised value and help determine taxes: the higher the assessment, the higher that property’s taxes.

Typically speaking, said Darien Tax Assessor Anthony Homicki, there’s also a direct relationship between property taxes and the tenant’s rent. If Midland LLP wins their case and their taxes are reduced, said Homicki, Campbell, as tenant, could indirectly reap benefits of a reduced rent.

“It’s professionally irrelevant,” said Homicki of Campbell’s relationship to the Midland vs. Darien case. “Every taxpayer has the right to file an appeal.”

Taxpayers can challenge any or all three approaches to the assessment: income, market, and cost. In this case, Midland is appealing all three.

The process by which Homicki assesses properties is outlined by state statute. So while the Board of Selectmen appoints the Assessor, he works independently of the board. By design, the Board of Selectmen has no influence over the assessment process, so as to keep it apolitical. The board can, however, decide to settle cases outside of court. That's where Campell's affiliation with Midland LLP presents a conflict of interest, said Selectman and candidate for the first selectman Callie Sullivan.

"Are you going to settle a suit against your landlord who, if they lose, is going to be charging your family’s business higher rents?" she asked rhetoricaly. "It’s just disappointing that Dave has had multiple opportunities to model 100 percent transparent behavior—to let the citizens of Darien know what’s going on so that they can draw their own conclusions."

That's not to say Campbell would not recuse himself from any legal decisions pertaining to the Midland LLP case raised in executive session, Sullivan added.

Homicki said it could be three years before the Court makes a decision on the Midland LLP vs. Darien case.

“It’s a time consuming process to file an appeal and professionally very challenging,” said Homicki. “I signed off on this Grand List that the assessments are well defined and will be very well defended, and I remain confident.”

Furthermore, not all cases are heard. Homicki said that of the 30 cases filed against the Town regarding Oct. 1 2003 assessments, one went to formal trial.

“It has nothing to do with me,” said Campbell. “I just pay rent.”