Action Time: Scherer, taking care of your business

BEFORE THE COURT OF TAX APPEALS

STATE OF KANSAS

_____________________

 

IN THE MATTER OF THE                        DOCKET NO. 2009-8036-EQ

EQUALIZATION APPEAL OF

SCHERER, THOMAS E. FOR

THE YEAR 2009 IN

JOHNSON COUNTY, KANSAS

PREHEARING BRIEF OF THOMAS E. SCHERER

 

Per the STATUS CONFERENCE RESULTS & SCHEDULING ORDER at pg. 2, Item No. 4, (Nov. 13, 2009), Mr. Scherer hereby submits this prehearing brief.

Questions presented:

Question 1: Does the Kansas Constitution state clearly, the right to a jury trial is inviolate?

    Legal Analysis: Absolutely.

Question 2: Is this new court, the Kansas Court of Tax Appeals prepared to conduct a jury trial?

    Legal Analysis: Absolutely not.

Question 3: Is the Substitute for H.B. 2018 (2008) including the various statutes amended by this bill constitutional?

    Legal Analysis: Absolutely not.

Question 4: Can an attorney merely ignore the Kansas statutes and do whatever she wants pertaining to an entry of appearance despite the requirements of K.S.A. 60-205?

    Legal Analysis: Absolutely not.

Question 5: Did the Johnson County Appraiser err, willfully, and intentionally, in determining the fair market value and residential property tax of Mr. Scherer's property?

    Legal Analysis: Absolutely.

Question 6: Does the various counties in the state of Kansas afford and tax residential property owners fairly and by applying equal protection of the law related to residential property taxes?

    Legal Analysis: Absolutely not.

Question 7: What are the odds of Mr. Scherer prevailing on Questions 1-6.

    Legal Analysis: 100% with a margin of error of zero.

REQUESTED RELIEF AND REMEDY

1. Mr. Scherer requests this court to declare itself and the Substitute for H.B. 2018(2009) as unconstitutional.
   
2. Mr. Scherer requests this court to concur with Mr. Scherer's legal analysis as stated herein.
   
3. Mr. Scherer requests this court to award Mr. Scherer costs incurred in appealing this ridiculous tax appraisal of his real estate property and find that this comparables nonsense is absurd.
   
4. Mr. Scherer requests this court to grant this prayer for relief and remedy.
   
5. In the alternative, Mr. Scherer requests that if this new court does not concur with the analysis herein, and determines this case should be either remanded or sent to the court the United States Constitution states explicitly that disputes between a citizen and a state give the United States Supreme Court original jurisdiction; then this court should do that and not require Mr. Scherer to do so.
   

_________________________

Thomas E. Scherer, Pro Se and as the Applicant

Candidate, United States Congress

3^rd Congressional District

8000 Via Sardinia Way, Unit 5202,

Estero, Florida, 33928

 

_________________________

Kathryn D. Myers, 14830

Assistant County Counselor,

111 S. Cherry St., Ste. 3200

Olathe, Kansas, 66061-3441.

(Alleged) Attorney for Appellee

 

 

NOTICE OF SERVICE

 

    By my signature below, I certify that this Brief is related to my MOTION FOR A PRETRIAL CONFERENCE PRIOR TO JURY TRIAL on February 12, 2010 by teleconference, was provided to the opposing party by first class mail, postage prepaid via the United States Postal service to the address provided below on this the 9^th day of February, 2010.

 

Mr. Paul Welcome,

Johnson County, Kansas County Appraiser

11811 S. Sunset Dr., Suite 2100,

Sunset Drive Office Building,

Olathe, Kansas, 66061.

 

Kathryn Myers

Assistant County Counselor,

111 S. Cherry St., Ste. 3200

Olathe, Kansas, 66061-3441.

(Alleged) Attorney for Appellee

 

 

Service provided by:

 

_________________________

Thomas E. Scherer, Pro Se and as the Applicant

Candidate, United States Congress

3^rd Congressional District

7916 West 60^th St.,

Merriam, Kansas 66202-3009