Schizophrenic Employee Says In Suit Town Stiffed Him On Five Years Back Pay, Then Seized His $200K Property For $11K In Delinquent Real Estate Taxes

In Lewisboro, New York, the Lewisboro Ledger reports:

• Depending on which side you believe, Richard Egloff is either a tax scofflaw whose problems are his own fault or a schizophrenic persecuted by town officials and forced to turn over a $200,000 property to pay for $11,000 in back taxes. Earlier this summer, Mr. Egloff sued the town, Deputy Supervisor Joann Vasi, and the town’s former lawyers for their actions in foreclosing on his lakefront home.

• According to the complaint,(1) Mr. Egloff is a resident and a former employee of the town. In 2005, the town allegedly foreclosed on his property, and in 2008, seized the land because Mr. Egloff had not paid about $11,000 in back taxes. However, Mr. Egloff alleges that he would have paid back taxes except that the town had not paid him for five years. He was given his back pay earlier this year.

***

• “Lewisboro is wasting the taxpayers’ money,” said Mr. Egloff’s attorney, Thomas Decea of Danzig, Fishman & Decea. “[Mr. Egloff] has got the money in escrow to pay all of the alleged past due amounts plus interest, yet the town persists in going after his property.”

• Town Supervisor Edward Brancati told The Ledger that the town would have paid Mr. Egloff, except that he had never submitted time sheets until recently. “The town followed the law the way it’s laid out,” Mr. Brancati said. “I don’t think anybody can expect the town to pay somebody when there’s no time sheets.”

For more, see Resident sues town over property seizure.

For the lawsuit, see Egloff v. Town of Lewisboro, et al.

For story update, see Town disputes lawsuit's allegations (go here for Town of Lewisboro's response to complaint).

(1) In his lawsuit, the property owner:

• alleges the premises was transferred to the Town in violation of lawful procedure, was affected by an error of law, was arbitrary and capricious and was an abuse of discretion on defendants’ part, and accordingly, seeks to void the property transfer;

• seeks a declaratory judgment adjudicating that the Town and its law firm each had both actual and constructive knowledge of Egloff’s mental incompetence and took steps to foreclose on his Premises without the procedural safeguards required by law;

• alleges the Town, under the color of state law, willfully and without justification deprived property owner of his rights, privileges and immunities secured by Federal law under 42 U.S.C. § 1983 by their conduct, including, among other alleged actions, commencement of the Action while simultaneously withholding the very wages that would have paid for Egloff’s tax liability;

• alleges the Town willfully and without justification deprived Egloff of his rights, privileges and immunities secured the Fifth and Fourteenth Amendments of the United States Constitution, by their conduct, including, among other alleged actions, commencement of the Action while simultaneously withholding the very wages that would have paid for Egloff’s tax liability.