Update: Cook Files Memo on His Lawsuit But LIPA Pushes Back

Councilman Eugene Cook filed a memo Monday on his lawsuit against the Long Island Power Authority and National Grid involving the tax assessment of the Northport power plant.

His lawsuit, in Suffolk County Supreme Court, says that when LIPA was established, the authority was supposed to protect taxpayers and ensure that there would be an oversight committee in the Public Authorities Control Board.

But LIPA pushed back against his suit, saying that Cook’s claims exceeded the statute of limitations, that he lacks standing, that the his claims lack merit, and that legal doctrines bar f case from being re-litigated. 

“I believe that is very important that Huntingtonians read through this entire document, as this explains the laws that govern the actions and procedures the Long Island Power Authority should have followed before filing a tax certiorari against the Town of Huntington, concerning the Northport Power Plant,”  Cook said.  “I hope after reading this document, Huntingtonians will participate in the upcoming public forums on Monday, August 10th at 6 p.m. and Wednesday, September 16th at 6 p.m. and voice your concerns on the settlement offer regarding the Northport Power Plant. This will be the most important decision made by the Huntington Town Board, as it not only affects every property owner in Huntington but every resident and business, too.”

LIPA has been challenging what it calls the over-assessment by the Town of Huntington of the National Grid plant in Northport. After a nearly 10-year battle, a proposed settlement is under discussion and the Town of Huntington has planned two public forums to explain the impact on residents’ taxes. A key issue is whether the judge hearing the main tax case as well as Cook’s will accept the settlement an an earlier LIPA demand for retroactive taxes, which would produce a significant increase in property taxes for all Huntington property owners. 

Cook’s memo and then LIPA’s response to his suit.

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