COURTS: DECISION IN AZTAR DISPUTE EXPECTED BY YEAR'S END

JEFFERSON CITY, Mo. -- Missouri Tax Commission officials expect to rule by the end of the year in a dispute between Casino Aztar and Pemiscot County that has prevented the county and other local taxing jurisdictions from receiving nearly $433,000 in 1999 property taxes.

Aztar Missouri Gaming Corp. claims assessments of real and personal property related to its Caruthersville, Mo., riverboat casino are too high. The disputed amount has been held in escrow for nearly a year.

Aztar opened its Caruth-ersville operation in 1995 and paid its taxes for 1995 through 1998 without complaint. However, it disputed the 1999 assessment.

Bart Tichenor, chief hearing officer for the Tax Commission, said a hearing in the dispute was held in July. Briefs from the opposing sides outlining their positions were submitted to the commission in October.

Tichenor said he has completed a draft decision, which is currently under review by other hearing officers. Tichenor declined to discuss the content of that decision and emphasized that it is not final until he signs it.

"I anticipate that before the end of the year they will complete the review and we will issue our findings," Tichenor said.

Pemiscot County Assessor Donna Snider said Aztar's personal property was assessed at $5.5 million and its real property at $3.8 million for 1999. She said the casino wants the assessment for personal property dropped to $238,000 and the real property assessment lowered to $1.9 million.

Snider said she is at a loss to explain why Aztar decided to dispute its assessments, which the company agreed to when it opened for business in 1995.

Disputed assessments

"We had an agreement when they came in here that they would settle for $5.5 million in personal and $3.8 million in real," Snider said.

In hopes of striking a compromise, Snider lowered the personal property assessment for 2000 to $4.7 million, a reduction of about $800,000. Aztar is disputing the 2000 assessments as well.

Casino Aztar general manager George Stadler did not return phone calls seeking comment Thursday.

If one side or the other is unsatisfied with the hearing officer's decision they can appeal to the full Tax Commission and then to circuit court. If the case continues, the dispute will remain unresolved until sometime in 2001. Further appeals to higher courts could delay a final resolution even longer.

If the case goes continues past the first of the year, an additional $433,000, representing a share of Aztar's 2000 taxes, will be added to the escrow account. Property taxes for 2000 are due by Dec. 31.

Should the first round go to Aztar, Snider said she will appeal.

In addition to Pemiscot County, the city of Caruth-ersville and the Caruthersville School District also receive shares of what the casino pays in property taxes.