NUMB:
991774
VERS:
Original
REF:
XXBY:
THE CHAIR
TITL:
Resolution authorizing cancellation of outstanding City and County real estate taxes due on a property that was acquired by the USA through criminal forfeiture. (City Attorney)
ANLS:
This resolution will permit the City of Milwaukee to cancel certain delinquent real estate taxes against a parcel forfeited to the USA through federal criminal forfeiture proceedings. The cancellation is required by a federal court decision.
BODY: Whereas, George Davis ("Davis") purchased 2645 North Teutonia Avenue,
Milwaukee (324-9819-113-3) (fka 324-9819-11-7) (the "Property") on 5/3/88. On 9/13/93, Davis was convicted in federal court (U.S. District Court-Eastern District of Wisconsin) of drug-related crimes. On 3/2/94, the federal court issued an Order and Judgment granting title to the Property to the USA pursuant to federal criminal forfeiture law; and
Whereas, On 3/27/96, the USA sold the Property to St. Martin de Porres Roman Catholic Church, and, after expenses associated with the sale, the USA realized net proceeds of $4,953.69; and
Whereas, The City Attorney's Office on behalf of the City and its treasurer, based on a number of different legal theories, but primarily based on the fact that the USA never gave the City adequate notice of its forfeiture action, asserted that, when the USA acquired title to the Property on 3/2/94, it took title subject to back taxes for tax years 1992-1994; and
Whereas, The dispute between the City and the USA was litigated in the federal district court before Judge Clevert; and
Whereas, On 11/29/99, Judge Clevert issued an "Order Granting USA's Motion for Adjudication of City of Milwaukee's Interest in Forfeited Property" in favor of the USA and against the City pursuant to which Judge Clevert ruled, among other things, that: (a) the City's lien for the unpaid taxes was a "secret" one; (b) since the City had a "secret" lien, the USA was not req...
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