Plaintiff
v.
Town of Ruston, et al.
Defendants
The Honorable Edmund Murphy in the Superior Court in the State of Washington in and for Pierce County,
County-City building room 822 June 24, 2011 1:30 pm
Showing posts with label gambling tax. Show all posts
Showing posts with label gambling tax. Show all posts
Tuesday, July 5, 2011
ORDER ON SUMMARY JUDGMENT
Steve Fabre, individually; and Point Defiance Cafe and Casino,LLC;
Plaintiff
v.
Town of Ruston, et al.
Defendants
The Honorable Edmund Murphy in the Superior Court in the State of Washington in and for Pierce County,
County-City building room 822 June 24, 2011 1:30 pm
Plaintiff
v.
Town of Ruston, et al.
Defendants
The Honorable Edmund Murphy in the Superior Court in the State of Washington in and for Pierce County,
County-City building room 822 June 24, 2011 1:30 pm
Tuesday, May 25, 2010
RUSTON/FEDERAL WAY - DIFFERENT APPROACH
WORD ON THE STREET - TNT
What a novel idea cut taxes to keep gambling business open and revenue flowing and 85 people employed.
In contrast the Town of Ruston raised gambling taxes 400 percent to raise money for the general fund. Oh yes, the business closed costing them $32 thousand dollars annually in gambling taxes.
One makes sense? The other, ask your council person. Learn anything here Ruston?
click here:
Federal Way panels advances gambling tax cut Posted By Steve Maynard on May 25, 2010.
Lets see. SEATTLE figures out how to collect $5 dollars for a cup of coffee. TACOMA bans gambling but collects gambling tax revenue for three years. Little old FEDERAL WAY lowers gambling tax allows business to stay open, keep people working.
RUSTON just raise taxes through the roof, close them down, throw people out of work, lose tax revenue and batten down the hatches, big storm brewing.
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What a novel idea cut taxes to keep gambling business open and revenue flowing and 85 people employed.
In contrast the Town of Ruston raised gambling taxes 400 percent to raise money for the general fund. Oh yes, the business closed costing them $32 thousand dollars annually in gambling taxes.
One makes sense? The other, ask your council person. Learn anything here Ruston?
click here:
Federal Way panels advances gambling tax cut Posted By Steve Maynard on May 25, 2010.
Lets see. SEATTLE figures out how to collect $5 dollars for a cup of coffee. TACOMA bans gambling but collects gambling tax revenue for three years. Little old FEDERAL WAY lowers gambling tax allows business to stay open, keep people working.
RUSTON just raise taxes through the roof, close them down, throw people out of work, lose tax revenue and batten down the hatches, big storm brewing.
-30-
Wednesday, May 19, 2010
CASINO v RUSTON - DAY ONE AFTERNOON SESSION -WHEELER, EVERDING
Monday May 17, 2010 1:30 pm courtroom 2A Judge Fred Cuthbertson
Please note:No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
RE ADJOURN
Judge- to attorneys take a break between question and answer. Humorous holds hands in front of mouth.
Britton (b)- Council Person Albertson?
Judge- Will take Dan Albertson out of order.
WITNESS Kim Wheeler, former Police Chief of Ruston and former Mayor of Ruston.
k- Lived in Ruston nine years.
k- Had training in 1988 became Police Chief in 1990.
k- Mayor of Ruston 2002 to 2005.
k- 2005 still active applied for vacancy in mayor's office.
k- Up until last year aware of budget. Previously worked on budget.
k- As Mayor all reserves exhausted. Down to general fund access money.
k- When I left better off than ever before.
k- When I left law enforcement budget around $280 to $300 thousand dollars.
k- Gave up when they tried to burn through money, frivolous lawsuits ...
Judge- Strike last comment.
m- Mr. Fabre what was his intent on gambling?
k- Council thought it would be beneficial, help business area.
m- Mr Fabre as to taxation?
k- Negotiated plan for graduated tax based on revenue generated. Both do well or he pays minimum.
m- Ordinance 1132 for Social card games. Made graduated rates more efficient?
k- Yes, greater benefit to town if greater volume.
m- Initial category zero percent up to seventy thousand dollars.
k- Seventy thousand leaves no net income point to begin taxation.
m- Tax profit generated revenue for town, benefit to town? Was he only taxpayer for this tax?
k- Yes for this tax.
m- After negotiations with owner and council was Mr. Fabre relying on that graduated rate to do business in Ruston?
k- Yes, in best interest of both else not keeping business open we get nothing.
m- Was graduated tax temporary?
k- No. Graduated rate was for years to come.
m- Revenue to affect tax enforcement requirements nothing. Has local knowledge of budget. Prior business was heavy metal. Card room tax needed none.
m- Things changed in 2008.
m- Ability of Ruston to tax based on limit of enforcement.
m- Was there more tax raised than needed?
k- Yes.
m- Any changes in law enforcement since gambling?
k- No change in activity for 15 years.
m- More tax needed to enforce gambling act?
k- No. Mr. Fabre complied with taxes.
m- Did you attend July 7 hearing?
k- Don't know. Went to council after tax increase was of no benefit to Ruston.
m- Benefits decreased markedly?
k- Yes
CROSS EXAMINATION
David Britton (b) You applied for mayor when Hopkins appointed. What other meetings have you attended?
k- Don't know haven't kept calendar.
b- Wasn't town running half million dollar deficit? Wasn't revenue less than expenses?
k- No. Had 4 to 5 million in bank. Were putting money back into funds.
b- Revenue exceeded expenses?
k- Yes we had balanced budget.
b- Testified direct that Mr. Fabre made profit?
k- Excess of 70 thousand gross revenue he paid taxes.
b- Did you tell Mr. Fabre graduated tax rate was in perpetuity?
k- No not in perpetuity.
m- Card room games only not overall business.
k- Yes.
WITNESS Sally Everding, Ruston Codifier.
m- Live down the alley from the PDC&Casino?
Sally s- Drive down here to our driveway (pointing at picture of PDC&C).
b- Objection. Lived not enjoyed your neighborhood?
Judge- overruled.
s- Had objection to light in my bedroom window.
m- background in records, hired to codify records? Jane Bradley asked you?
s- Council yes.
m- Your husband was Mayor for ten days? Records had not been codifying for years?
s- Did some.
m- You have MBA from Stanford?
s- Yes.
m- You had many interests Ruston Connection?
s- Yes.
b- Objection.
Judge- overruled.
m- What is Ruston Connection?
s- Several friends and I worked on newsletter, not advocacy.
m- One article said gambling taxes weren't high enough?
s- Candidate said taxes were lowest in Pierce County.
m Plaintiff exhibit 55. Handed to Sally "This is article you wrote?"
s- I didn't write article Virginia was editor.
m- Your name is at end of article.
s- I posted on website.
m- Information was taken from News Tribune article?
s- There was error. I was not editor at time.
m- Ruston Connection had litigation with Steve Fabre?
s- Aware of it not involved. Virginia editor, Jane Hunt printed.
m- You codified Gambling Tax Ordinance? Plaintiff exhibit 41 Gambling Tax Ordinance.
m- Was that article you codified?
s- She sent me copy.
m- You had minutes?
s- Pl exh 31 document you had. Bradley Huson signed minutes.
Judge- 55 objected to parties. Admit 55 Pl Exh over objections. 41 and 39 admitted.
m- Did you codify, add July 7th date?
m- What if ordinance didn't have effective date?
s- I used date passed.
m- You just picked a date?
b- Objection.
CROSS EXAMINATION
David Britton - no questions.
Step down.
Judge- Deferring to Dan Albertson.
DAN ALBERTSON - former Ruston council member.
TO BE CONTINUED. GETTING LATE. WILL DO EACH WITNESS LEFT AS SEPARATE POST: Dan Albertson, Jane Hunt, Steve Fabre, Bradley Huson. Then each attorney summation.
-30-
Please note:No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
RE ADJOURN
Judge- to attorneys take a break between question and answer. Humorous holds hands in front of mouth.
Britton (b)- Council Person Albertson?
Judge- Will take Dan Albertson out of order.
WITNESS Kim Wheeler, former Police Chief of Ruston and former Mayor of Ruston.
k- Lived in Ruston nine years.
k- Had training in 1988 became Police Chief in 1990.
k- Mayor of Ruston 2002 to 2005.
k- 2005 still active applied for vacancy in mayor's office.
k- Up until last year aware of budget. Previously worked on budget.
k- As Mayor all reserves exhausted. Down to general fund access money.
k- When I left better off than ever before.
k- When I left law enforcement budget around $280 to $300 thousand dollars.
k- Gave up when they tried to burn through money, frivolous lawsuits ...
Judge- Strike last comment.
m- Mr. Fabre what was his intent on gambling?
k- Council thought it would be beneficial, help business area.
m- Mr Fabre as to taxation?
k- Negotiated plan for graduated tax based on revenue generated. Both do well or he pays minimum.
m- Ordinance 1132 for Social card games. Made graduated rates more efficient?
k- Yes, greater benefit to town if greater volume.
m- Initial category zero percent up to seventy thousand dollars.
k- Seventy thousand leaves no net income point to begin taxation.
m- Tax profit generated revenue for town, benefit to town? Was he only taxpayer for this tax?
k- Yes for this tax.
m- After negotiations with owner and council was Mr. Fabre relying on that graduated rate to do business in Ruston?
k- Yes, in best interest of both else not keeping business open we get nothing.
m- Was graduated tax temporary?
k- No. Graduated rate was for years to come.
m- Revenue to affect tax enforcement requirements nothing. Has local knowledge of budget. Prior business was heavy metal. Card room tax needed none.
m- Things changed in 2008.
m- Ability of Ruston to tax based on limit of enforcement.
m- Was there more tax raised than needed?
k- Yes.
m- Any changes in law enforcement since gambling?
k- No change in activity for 15 years.
m- More tax needed to enforce gambling act?
k- No. Mr. Fabre complied with taxes.
m- Did you attend July 7 hearing?
k- Don't know. Went to council after tax increase was of no benefit to Ruston.
m- Benefits decreased markedly?
k- Yes
CROSS EXAMINATION
David Britton (b) You applied for mayor when Hopkins appointed. What other meetings have you attended?
k- Don't know haven't kept calendar.
b- Wasn't town running half million dollar deficit? Wasn't revenue less than expenses?
k- No. Had 4 to 5 million in bank. Were putting money back into funds.
b- Revenue exceeded expenses?
k- Yes we had balanced budget.
b- Testified direct that Mr. Fabre made profit?
k- Excess of 70 thousand gross revenue he paid taxes.
b- Did you tell Mr. Fabre graduated tax rate was in perpetuity?
k- No not in perpetuity.
m- Card room games only not overall business.
k- Yes.
WITNESS Sally Everding, Ruston Codifier.
m- Live down the alley from the PDC&Casino?
Sally s- Drive down here to our driveway (pointing at picture of PDC&C).
b- Objection. Lived not enjoyed your neighborhood?
Judge- overruled.
s- Had objection to light in my bedroom window.
m- background in records, hired to codify records? Jane Bradley asked you?
s- Council yes.
m- Your husband was Mayor for ten days? Records had not been codifying for years?
s- Did some.
m- You have MBA from Stanford?
s- Yes.
m- You had many interests Ruston Connection?
s- Yes.
b- Objection.
Judge- overruled.
m- What is Ruston Connection?
s- Several friends and I worked on newsletter, not advocacy.
m- One article said gambling taxes weren't high enough?
s- Candidate said taxes were lowest in Pierce County.
m Plaintiff exhibit 55. Handed to Sally "This is article you wrote?"
s- I didn't write article Virginia was editor.
m- Your name is at end of article.
s- I posted on website.
m- Information was taken from News Tribune article?
s- There was error. I was not editor at time.
m- Ruston Connection had litigation with Steve Fabre?
s- Aware of it not involved. Virginia editor, Jane Hunt printed.
m- You codified Gambling Tax Ordinance? Plaintiff exhibit 41 Gambling Tax Ordinance.
m- Was that article you codified?
s- She sent me copy.
m- You had minutes?
s- Pl exh 31 document you had. Bradley Huson signed minutes.
Judge- 55 objected to parties. Admit 55 Pl Exh over objections. 41 and 39 admitted.
m- Did you codify, add July 7th date?
m- What if ordinance didn't have effective date?
s- I used date passed.
m- You just picked a date?
b- Objection.
CROSS EXAMINATION
David Britton - no questions.
Step down.
Judge- Deferring to Dan Albertson.
DAN ALBERTSON - former Ruston council member.
TO BE CONTINUED. GETTING LATE. WILL DO EACH WITNESS LEFT AS SEPARATE POST: Dan Albertson, Jane Hunt, Steve Fabre, Bradley Huson. Then each attorney summation.
-30-
Tuesday, May 18, 2010
CASINO LAWSUIT FINALLY UNDERWAY
I feel like I am starting over but the case of STEVE FABRE VS. TOWN OF RUSTON has re piqued my interest. Steve Fabre dba POINT DEFIANCE CAFE AND CASINO.
Day two finished today at 3:30 pm day one at 4:15 pm.
DAY ONE May 17, 2010 Judge Frank Cuthbertson room 2A 9:00 am.
Cannot say enough about Judge Cuthbertson only outstanding. Has encyclopedic knowledge of case and questions were more direct to the point than either lawyer in my estimation.
Lawyer for plaintiff: Joan Mell for defendant Town of Ruston, David Britton.
Witnesses first day: Fred Wilson, WA state Gambling Commission, former council person Karen Pickett, former police chief Jim Reinhold, former mayor Kim Wheeler in morning session.
Afternoon session, Sally Everding, former council person Dan Albertson, Council person Bradley Huson.
Major impact testimony Fred Wilson.
DAY TWO May 18, 2010 Judge Frank Cuthbertson room 2A 9:00 am.
Witnesses day two: Council person Jane Hunt and plaintiff, Steve Fabre, owner Point Defiance Cafe and Casino.
Long sessions wrapping up tomorrow, DAY THREE, May 19, 2010 at 10:30 am with closing arguments by both attorneys.
This is short as I already have 50 pages of notes and more to come.
Background: Judge on bench, bailiff and Court Reporter below.
Opposing attorneys at separate tables. Plaintiff Steve Fabre at table. No defendant at Ruston table??
In audience ME all by my lonesome. Interesting point first comment defendant attorney referring to me "Mr. Wingard does not live in Ruston!!!"
Place your bet. After two days looking like a win for Casino but Judge must weigh all testimony AND THE LAW. So stay tuned. Final decision may take two weeks.
Will start next post with testimony DAY ONE. Spread the word. You will hear it here first hand.
Case filed 7-18-2008. To purchase or see list of documents click here. Did not work as expected. Under Superior Court type in Town of Ruston and change year to 2008. Be patient ignore blue screen.
-30-
Day two finished today at 3:30 pm day one at 4:15 pm.
DAY ONE May 17, 2010 Judge Frank Cuthbertson room 2A 9:00 am.
Cannot say enough about Judge Cuthbertson only outstanding. Has encyclopedic knowledge of case and questions were more direct to the point than either lawyer in my estimation.
Lawyer for plaintiff: Joan Mell for defendant Town of Ruston, David Britton.
Witnesses first day: Fred Wilson, WA state Gambling Commission, former council person Karen Pickett, former police chief Jim Reinhold, former mayor Kim Wheeler in morning session.
Afternoon session, Sally Everding, former council person Dan Albertson, Council person Bradley Huson.
Major impact testimony Fred Wilson.
DAY TWO May 18, 2010 Judge Frank Cuthbertson room 2A 9:00 am.
Witnesses day two: Council person Jane Hunt and plaintiff, Steve Fabre, owner Point Defiance Cafe and Casino.
Long sessions wrapping up tomorrow, DAY THREE, May 19, 2010 at 10:30 am with closing arguments by both attorneys.
This is short as I already have 50 pages of notes and more to come.
Background: Judge on bench, bailiff and Court Reporter below.
Opposing attorneys at separate tables. Plaintiff Steve Fabre at table. No defendant at Ruston table??
In audience ME all by my lonesome. Interesting point first comment defendant attorney referring to me "Mr. Wingard does not live in Ruston!!!"
Place your bet. After two days looking like a win for Casino but Judge must weigh all testimony AND THE LAW. So stay tuned. Final decision may take two weeks.
Will start next post with testimony DAY ONE. Spread the word. You will hear it here first hand.
Case filed 7-18-2008. To purchase or see list of documents click here. Did not work as expected. Under Superior Court type in Town of Ruston and change year to 2008. Be patient ignore blue screen.
-30-
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