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Government
Municipalities
Tax Refund

Bre Parc 55 Owner LLC v. City and County of San Francisco, and Does 1 through 10, inclusive

Published: Jul. 25, 2015 | Result Date: Jun. 2, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-537160 Settlement –  $431,000

Court

San Francisco Superior


Attorneys

Plaintiff

Andrew A. August
(Browne George Ross LLP)


Defendant

Carole F. Ruwart

Jean H. Alexander
(Office of the San Francisco City Attorney)

Owen J. Clements
(Office of the San Francisco City Attorney)


Facts

BRE Parc 55 Owner LLC filed a complaint against the City and County of San Francisco, seeking a tax refund.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff operated the Parc 55 Hotel, a 32-story, 1,013-room hotel located at 55 Cyril Magnin St., in the Union Square area in San Francisco. It purchased the property in 2012 for more than $220 million, which amounted to about $227,100 per room. Plaintiff paid over $5.4 million as a documentary transfer tax in connection with the purchase. Plaintiff filed this claim for a refund of over $1.3 million, arguing that it had overpaid the tax for a variety of reasons.

Result

The parties agreed to settle the lawsuit for $431,000.


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