Disgruntled Taxpayers

Disgruntled Taxpayers

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In State Supreme Court in Albany on Monday, August 4, a group of 46 New York taxpayers filed a lawsuit to bring state subsidies to an end.

The lawsuit is an attempt to stop wealthy corporations from receiving cash grants from the State of New York for economic development. The taxpayer's lawsuit includes calling on over $1 billion in state subsidies to end immediately and naming names. The suit involves many notables such as, Governor David Paterson, Assembly Speaker Sheldon Silver, Senate Majority Leader Dean Skelos, and many others. Additionally, various corporations were named in the lawsuit including Delphi, American Axle, IBM, Erie Canal Harbor Development Corporation, Bass Pro, and the Hyatt Hotel in Buffalo.

The taxpayer's attorney, James Ostrowski, claims the defendants have violated the state constitution’s ban on gifts to private firms. The lawsuit is centered around Article VII, § 8, paragraph 1 which states: “The money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid of any individual, or public or private corporation or association, or private undertaking."

It's too early to tell if the suit will succeed. "I can never know if a case will be successful, it is up to the judge, but I have done three months of research, and I believe we are right. They're not just going to give in to our suit, they're going to fight like crazy to keep the regime of corporate welfare going," James Ostrowski explained.

Coincidentally Ostrowski is the founder of the taxpayer group Free New York, which is not involved in the suit. "Being a member of Free New York does not have anything to do with my involvement in the lawsuit, it's just a coincidence. Free New York has a prime objective to abolish corporate welfare, which is an identical goal of the lawsuit. However, Free New York is not a litigation organization, the lawsuit and Free New York just happen to share the same goal," Ostrowski stated.

Today at noon, Ostrowski held a press conference at which he handed out copies of the lawsuit in Niagara Square. Yesterday, Ostrowski did the same on the steps of the State Capitol.

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What Others Have To Say

  1. Buffalopundit

    5 ratings12345
    Aug 5th, 15:51

    Lawsuit is one word. Taxpayer is one word. "Taxpayers attorney" and "tax payers law suit" are missing an apostrophe.

  2. Jolopy

    1 ratings12345
    Aug 5th, 15:53

    Would this cancel subsidies from the state for things like lowering your energy use programs? (like the hughsco commercials) ? Minus this question, this seems like its going to be a very vigorous fight.

  3. sally

    2 ratings12345
    Aug 5th, 16:02

    This suit will be DOA - they named Bass Pro even though they have never received a penny of aid - nor are they scheduled to. There is no prohibition against the governement demolishing an old Hockey Arena with government funds then leasing the land. There was and is not planned to be any CASH TRANSFER to Bass Pro. You would think JO's three months of research would have turned that fact up, but then again he's not too quick!

  4. enrique14150

    1 ratings12345
    Aug 5th, 16:13

    I find it interesting that the author here didn't just say "corporations", she said "wealthy corporations", implying that all corporations are flush with cash. No doubt some CEO's are, but this is quite a broad generalization. Delphi and American Axle don't seem too rich these days. But this lawsuit is really libertarian. They're trying to get government out of the business of supporting private business. Both sides have a point - on one hand it's in the general interest of the community for business to flourish, to create wealth, employ people who then spend their pay and multiply that wealth, and in the process support government spending. On the other hand, if you give money to one company, in the interest of being fair doesn't that mean any company has an equal right to a handout? Where does it end? And doesn't that open up a whole mess regarding which companies get handouts, sometimes (often times) the ones who contribute to political parties and politicians' reelection.

  5. GDC

    2 ratings12345
    Aug 5th, 16:14

    At least Buffalo made a Top Grade, check this out from today's Business First.

    http://buffalo.bizjournals.com/buffalo/stories/2008/08/04/daily18.html?jst=b_ln_hl

  6. sally

    4 ratings12345
    Aug 5th, 16:31

    Cool a list based upon estimates that were proven wrong in the last census. Way to go Forbes!

  7. sbrof

    3 ratings12345
    Aug 5th, 16:38

    but then you think about the larger picture where georgia, texas and many other states probably hand out just as much if not more aid then NY. So we get rid of our aid and they all pack up and leave for places who do offer them money. way to go. Maybe they wil come here and stay because of our honest and moral conduct of business.. HAHA

  8. sbrof

    2 ratings12345
    Aug 5th, 16:43

    I mean I agree that we shouldn't hand out money to corporations (if that really is happening) when we all pay such high taxes but wouldn't removing them put NYS on an even larger uneven playing field against other states.

  9. Sullymon54

    4 ratings12345
    Aug 5th, 19:10

    I personally find this hilarious, if one reads the exact statute that is quoted in this article it clearly shows that this lawsuit is going to fail before it begins. Tax breaks for the purpose of economic development involves no transfer of any money at all, it lowers the amount of money a company would pay if they located here for property taxes and on materials used in their business (and by the way our laws are so out of date this does not include supplies such as computers but does cover things like drill presses just to give you an idea of how progressive nys is). And the only subsidies are the ones that are used to make land "shovel ready" and if this wasn't done the city of buffalo would never see new office development such as the BLCP which now employs hundreds of people and encouraged 10's of millions of dollars of private investment. This lawsuit sounds as ignorant as the story line in team america world police, with corporations acting all corporationie in their corporation buildings.

    Bottom line is sbrofs right, if this succeeds (although it won't because it doesn't make sense) all they will do is further weaken new york states chances of attracting business. In their pie in the sky world maybe everyone in the country (or world) will stop giving tax breaks or spending money on infrastructure improvements to attract business.

  10. wizardofza

    1 ratings12345
    Aug 5th, 19:41

    FreeNY is a "taxpayer group"??

    hahaha, that's the funniest thing i've heard all day. They're more like a radical libertarian worship circle.

  11. MikeInWNY

    1 ratings12345
    Aug 5th, 20:50

    Sally, erecting a building for BassPro and leasing it back to them for what basically amounts to nothing more than normal common area maintenance charges amounts to a huge subsidy. Read the passage from the State Constitution, it bans "The money of the state shall not be given or loaned to or in aid of any private corporation . . ." "In aid" certainly describes the BassPro situation.

  12. STEEL

    2 ratings12345
    Aug 5th, 21:07

    So they are suing the state because they are lowering taxes to these companies? Don't we want the state to lower taxes?

  13. gblakowski

    0 ratings12345
    Aug 5th, 21:08

    You must expand this law suite to include all union government workers. Their benefits are granted by the very people they elect, using taxpayer's money. In return, they are all but guaranty certain political parties or individual politicians their endorsement.

    Politicians should be prohibited from approving any government employees contract.

  14. Colin

    2 ratings12345
    Aug 5th, 21:23

    They must? Really? Says who?

  15. MikeInWNY

    1 ratings12345
    Aug 5th, 22:40

    STEEL, we are suing over outright gifts of money to the corporations, the lawsuit does not address the issue of tax abatements. We want the gifts to stop and lower taxes for everyone.

  16. bfloghost

    3 ratings12345
    Aug 5th, 22:49

    gblakowski that makes no sense whatsoever, it's dangerous when people like you venture out to Websites other than Rush Limbaugh's or become distracted when commercials pop up on Fox news.

    So Ostrowski thinks this is a good idea? He's from Bflo,right? and most of the companies named in the "suite", sorry suit are located in WNY. How about turning your attention to the downstate sieve dimwit!

  17. MikeInWNY

    3 ratings12345
    Aug 5th, 23:30

    bfloghost, who's the dimwit? Even though the defendants named are predominantly local, the lawsuit addresses a statewide issue.

  18. heathersmiles

    6 ratings12345
    Aug 5th, 23:36

    F**K IT! It isn't worth it, I am heading to Chevy Chase, MD for a job interview on Monday and encourage others to do the same. That area is booming while we are stuck with infighting, lateral hostility, and propensity to get in our own way. Good luck, we can't say that we didn't try.

  19. Abbottroad

    2 ratings12345
    Aug 6th, 00:03

    With 18 milllion people in NYS leave it up to some local sue happy asshats to start a suit.

  20. MikeInWNY

    2 ratings12345
    Aug 6th, 03:09

    Abbottraod, what's your answer when government officials don't follow the State Constitution? I guess you prefer out of control spending for pet projects and suffocating deficits.

  21. rydog71

    5 ratings12345
    Aug 6th, 08:26

    I think this is AWESOME. Now the BRO readers will get their dream of only having small businesses like trinket shops, hair salons and restaurants all over the city and Upstate New York. No more big business. Yeah!

  22. buffgayguy

    8 ratings12345
    Aug 6th, 08:58

    Right behind you Heathersmiles. I so wanted to be back in Buffalo, but after a few months I realized what a mistake it was. The few who want to see change are out numbered still by those who do not. A few condo and apartment conversions do not make a city. Job growth does. I know Sally thinks the city is growing, but reality is, it is a still a shrinking town with the educated and those who want to work leaving. The middle class Delaware district is surrounded on all four sides by run down ghetto's and "Brownfields". The minority here is working class, the majority is welfare and SS's, which is NY's fault for dishing it out too easy. I have met people who moved here from other cities, most are heading out again or in the planning stages at least. Those that do not believe this need to get their head out of the sand. Our City Hall is still corrupt, under FBI investigation from what I heard, we have a control board [that alone speaks volumes] outdated unions that still controll all and will not bend, over the top taxes and utilities. Such a pity. The potential is there with the history, the water, the buildings. Yet that it not enough, we need growth by the thousands, not the odd few that BRO writes about. Untill NY and Buffalo can attract industy which is what we need more than a GAP on Elmwood [which many people want to see happen, stores follow growth, getting sick of hearing 'where is the retai?]. It saddens me to leave, yet my new job in South Carolina awaits me and I look forward to the move.

  23. Reinmoose

    0 ratings12345
    Aug 6th, 09:40

    Sometimes I’m amazed by the doublespeak on this issue coming from the progressive left. 1. Sometimes it’s: No, don’t give money or tax breaks to private companies because the public shouldn’t be supporting corporate welfare. 2. Other times it’s: But if we don’t give money and tax breaks to private companies, we won’t have any jobs. 3. Sometimes it’s: Our Upstate New York taxes are going to support New York City, and we shouldn’t have to be paying such high taxes to support them. 4. Other times it’s: We benefit as a whole from “tax breaks” and using public funds to support private ventures.

    Ok. In order for #4 to be true, you have to have a net influx of money from the state. This is in direct conflict with #3, of course, and supposes that if you just lower the base tax rate you will not realize the same benefits that you would from having higher tax rates and then allocating the money to select private firms (yes, tax “breaks” are a subsidy). The idea that our government works SO WELL that, if we weren’t to have our economic development agencies in place and we didn’t have such high taxes so as to be able to “afford” to give tax breaks to select companies, we’d never have any jobs ever is just laughable. Pick a side and stick with it, but the whole “I think giving public funds for private projects that look like they’re supporting things I like are effective” and “I think giving public funds to private projects that don’t support things I like are ineffective” thing is intellectually dishonest. Pick an opinion and stick with it.

  24. Abbottroad

    0 ratings12345
    Aug 6th, 12:57

    Before anyone thinks this blanket approach is a good idea start reading the Florida papers. The public is basically so shellshocked at what happened in Amendment 1 on reducing taxes ( forcing a reduction in spending), that there is little support for amendment 5 which will further reduce and shift taxes, despite big bucks being spent to promote its passage. Florida , which has ' no' state income tax now has a net outward migration, and about 3/4 of the incorporated jurisdictions in Broward county (ft. lauderdale) have lost population (broward -15,000 in 07).

  25. AtwaterLouse

    2 ratings12345
    Aug 6th, 13:34

    Sullymon - Some of what your comment says isn't true. If you read the above BR article carefully and the one in Tuesday's Buffalo News, you'll realize this suit is about tax money transfers - not at all about tax breaks or making land shovel-ready.

    One example of many is the recent $5.1 million taxpayer money grant to the Buffalo Hyatt owned by Paul Snyder. Do you really think it's smart public policy to give $5.1 million of taxpayer cash to the Hyatt? Why? The other hotels in Buffalo don't receive that. Considering Buffalo's population is around 270,000, the $5.1 million represents over $18 of NY state taxes paid by every Buffalo resident being handed over to Snyder's Hyatt. It's not a tax break. It's not preparing a brownfield. It's a cash gift.

    "Hyatt Hotel Getting Millions Of Tax Dollars For Renovations

    1 year ago

    The Hyatt Hotel, a private business, is about to undergo a massive, eleven million dollar renovation to basically redecorate and your tax dollars will pay for almost half of that cost.

    2 On Your Side's Stefan Mychajliw: "Why not tell this private entity: sink or swim on your own, you're a private business?"

    New York State Senator Dale Volker: "If that place goes down, imagine the jobs involved; imagine what it would do with the City of Buffalo?"

    Approximately $5.1 million New York State tax dollars will be given to the Hyatt to renovate the entire hotel. That includes remodeling 400-rooms.

    New York State Assemblywoman Crystal Peoples: "I'm not a big supporter of corporate welfare."

    Mychajliw: "Then why not just put your foot down and say 'enough.' If you want to make money in Buffalo, you have to spend your own money in Buffalo?"

    Peoples: I have thought about that. As a matter of fact, I thought about that on this specific issue."

    But Assemblywoman Crystal Peoples did support giving tax dollars to the Hyatt.

    Mychajliw: "Do you feel as though public dollars should be used for this private project?"

    Peoples: "Public dollars always goes towards private entities. Most of what State government does is give public money to somebody in private business." ..."

    Full article here: http://www.wgrz.com/news/news_article.aspx?storyid=49479

  26. heathersmiles

    1 ratings12345
    Aug 6th, 14:26

    ATWATER - Thanks for sharing that sickeniing piece of information. We all know that Paul Snyder is one of the most vocal opponents of the Casino due to the impact to his business. Fight to stop competition and get rewarded through a $5.1 Million dollar gift. What a f**king joke!

  27. Abbottroad

    1 ratings12345
    Aug 6th, 15:04

    Here is another Snyder story. When Westinghouse closed its plant at the airport, the NFTA wanted to buy it for future aiport expansion. Paul Snyder made a big political stink about it, and the NFTA was forced to back off. He bought it, kept it for I believe three years, and then sold it back to the NFTA at three time the price.

  28. taxedtomuch

    0 ratings12345
    Aug 7th, 08:29

    The state of NY just gave IBM $140MM for a project yet to be named; they are trying to give AMD $650MM both grants are cash. IBM makes $25MM per day according to their last quarterly report so the grant amounts to less than 6 days net earnings. Total grants in NY annually are upwards of $5 Billion, and you are paying for it. If everyone in this state paid their own way we could eliminate the gas tax and the income tax. Do you think then that corporations would be willing to not only stay but relocate here? You bet they would. But what is being debated here is weather this is right or wrong morally, the suit is weather it is legal or not. All we want is for the politicians to follow the letter of the state constitution which is what governs them. They expect the people to abide by the laws that they hand down which govern us. Since there are no police for them, we have to raise questions in court when we thing the government is doing wrong. It's guaranteed us in the 1st amendment of the US Constitution under the "Right of Redress”. They have been doing this for years, and for years the state has been in steady decline, it's time to let free markets decide who suceeds and who fails, not some politicians.

  29. onestarmartin

    0 ratings12345
    Aug 7th, 08:58

    These stories make me sick, so the state pulls back on 6mm for our schools @ stage 4 construction. yet gives this money away.

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