Niagara Falls agrees to pay large tax refund on old Nabisco plant | Local News



After failing to overturn a judge’s ruling that the vacant former Nabisco Shredded Wheat plant and a nearby warehouse were overassessed, the Niagara Falls City Council voted Wednesday to pay a $771,721 property tax refund, plus 9% interest dating to 2011.

In March 2019, State Supreme Court Justice Ralph A. Boniello III sided with the assessment challenge from Howard Milstein’s company, Niagara Falls Redevelopment.

Boniello ruled that the factory’s taxable value should be zero because of environmental contamination, and also cut the warehouse’s value.

The city appealed but got nowhere. Last October, the Appellate Division of State Supreme Court rejected the appeal in a one-sentence ruling, and on April 1, the Court of Appeals refused to hear the case.

The Niagara Falls School District and Niagara County said they already have paid their refunds to NFR. The school district paid $438,197 plus $50,701 in interest, while the county paid $184,039 plus $17,134 in interest.

The city’s interest payment has yet to be calculated.