Troy

Marie McDonald and Dick Williams can look out their front door and see where Troy's pavement ends and Brunswick's begins — smack in the middle of their driveway entrance.

City firefighters, police and code enforcers always told the retired couple that their 18 Mountainview Ave. home — set squarely on the city-town border — was in Brunswick. They pay town taxes.

"We've never been taxed by Troy. The town of Brunswick is great," McDonald said.

No more, says Troy, which has filed what is believed to be an unprecedented lawsuit to claim as its own 67 properties in the towns of Brunswick, North Greenbush and Schaghticoke.

The suit claims that GAR Associates, Inc., in conducting the first citywide assessment since 1973, used high-definition aerial photography that helped the city determine the parcels are within city boundaries.

"They're in the city of Troy. They're subject to paying taxes to Troy," said Mayor Lou Rosamilia, a Democrat.

Republican supervisors Philip Herrington of Brunswick, Al Spain of North Greenbush and Jean Carlson of Schaghticoke have vowed to defend their taxpayers. Their suburban residents don't want to be drafted into the city, they said.

Herrington said he's been dealing with worried and upset homeowners who have always paid taxes in Brunswick.

"It's got people really, really concerned. They don't want to be assessed in Troy," he said.

Herrington estimated that $2 million worth of property assessments for the 55 parcels in Brunswick is at stake. He views it as a tax grab by the city.

The property owners would receive city services, Rosamilia pointed out.

McDonald and Williams say they don't want city services.

"Our taxes will double or triple," McDonald said.

The couple are happy with the Mountainview Volunteer Fire Department, private garbage pickup, Averill Park schools, town highway, water and sewer, and the Rensselaer County Sheriff's Department and State Police.

A county highway sign on their front lawn marks the start of County Route 142. However, "I don't know if my deck is in Troy or Brunswick" after being contacted by the city, said Williams, who bought the home 40 years ago.

A review of the city's tax rolls going back to 2008 shows the properties in question as assessed by those towns, but the city is treating this as a new development.

In response to emailed questions, Daniel G. Vincelette, Troy assistant corporation counsel, wrote, "As is set forth in the petition, when the city became aware of the 67 parcels that are legally in the city of Troy being assessed by other towns, it commenced this proceeding."

The state Department of Taxation and Finance, which oversees real property tax matters, said it is not aware of any other boundary issues that are the result of a reassessment.

Vincelette said he could not place a value on the properties claimed by the city.

Carlson wonders why Troy is pursuing the case, particularly when one of the seven parcels in question in her community is party of the Lansingburgh Little League baseball diamonds.

"They're a nonprofit. They don't pay taxes," Carlson said.

The other parcels have paid town taxes, Carlson said, "as far as I know, since the beginning of history."

Troy claims five parcels in North Greenbush. "We're planning to fight it," Spain said.

Brunswick Assessor Steve Rooney, who has researched the issue since the city raised it in the spring, said, the Brunswick-Troy line splits 112 properties between the communities. Most are taxed by Brunswick but a handful pay Troy taxes.

He said the border crosses many properties.

In some instances, Rooney said, the properties or portions of parcels that Troy claims have paid Brunswick taxes for a century.

McDonald and Williams said their home was built in the 1940s and neighboring 20 Mountainview Ave. was built a 100 years ago.

Rooney said that sets a strong precedent for the town to bolster its position, which he claims is backed up by state law.

Rooney dismisses the aerial photography, saying many of the pictures are inaccurate.

"The only way you can settle any boundary dispute is not by aerial photography but by surveying," he said.

Rosamilia left open the possibility of a negotiated settlement. The case is assigned to County Court Judge Andrew Ceresia.

Reflecting on the brewing legal face-off, Schaghticoke's Carlson said, "Troy is an unusual neighbor. Troy does unusual things."

kcrowe@timesunion.com • 518-454-5084 • @KennethCrowe