Eurofresh
sues
county

By Diane Saunders
Staff Writer
Published on Wednesday, July 8, 2009 9:01 AM MST

Eurofresh has filed another lawsuit against Graham County — this time in United States Bankruptcy Court.

The Graham County Board of Supervisors met in a closed executive session July 6 to discuss the matter. After reconvening in an open session, the supervisors voted to authorize attorney Roberta Livesay to bring additional help, if needed. Livesay represents the county in other Eurofresh-related litigation.

According to the complaint filed June 24, Eurofresh is seeking a determination of its tax liability and a determination of the amount, priority or validity of “related tax claims and alleged liens.”

The complaint alleges that the Graham County assessor’s office erred in the allocation of Eurofresh’s real and personal property, resulting in the tomato grower being taxed twice.

Because of this alleged error, Eurofresh is asking the U.S. Bankruptcy Court to determine “the appropriate amount of tax payable” for the 2007, 2008 and 2009 tax years, the complaint states.

Eurofresh is also seeking the following:

• Reduction of the amount of unpaid taxes, including interest.

• Removal of any statutory lien the county may have against any of the Eurofresh property because of unpaid taxes.

• Reduction of the amount of “any portion of any claim” the county asserts it is entitled to because of unpaid taxes.

• Denial of any claim of the county for any penalty “not in compensation” for any monetary loss.

This is the latest of several lawsuits Eurofresh has filed against Graham County. In June 2008, the Arizona Supreme Court decided not to hear the company’s appeal of an Arizona Appellate Court ruling that found the tomato grower’s tax assessment was $51.9 million for the 2005 tax year.

On Jan. 5, the Board of Supervisors learned that Eurofresh had filed another complaint in Arizona Tax Court in an attempt to reduce its tax bill.

Eurofresh, a year-round producer and marketer of greenhouse tomatoes, filed for Chapter 11 bankruptcy protection in April. The company is trying to recapitalize and restructure, according to a news release issued in October.

Comments

4 comment(s)

    Kittie wrote on Jul 15, 2009 10:09 PM:

    " I boycotted their produce a long time ago. "

    marquart wrote on Jul 15, 2009 4:50 PM:

    " want to know why the undocumented ailens come here? this is their employer! "

    boycott wrote on Jul 11, 2009 12:21 PM:

    " i am officially boycotting eurofresh produce "

    Scofflaws wrote on Jul 8, 2009 2:54 PM:

    " Eurofresh is only declaring bankruptcy to skirt their financial repsonsibilities.

    I really am hoping that the courts do not allow them to shirk paying their taxes. "

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