Great Socialist People's Libyan Arab Jamahiriya v. Arlington County, Virginia et al

Filing 16

CONSENT FINAL ORDER OF SETTLEMENT AND ENTRY OF DISMISSAL WITH PREJUDICE - the Libyan government agrees to pay to Fairfax County the sum of $4,762.68, which represents the total amount of real property taxes due and owing on Tax Map No. 29-3((17))(4) parcel 914 (the subject Fairfax County property) for tax year 2006; Fairfax County agrees to exonerate and relieve the Libyan government for all County taxes due and owing on the subject Fairfax County property for tax year 2007; the Libyan government agrees to pay Arlington County the sum of $3,224.12, which represents the total amount of real property taxes due and owing on three real estate parcels designated with Arlington County real property codes 28-004-130, 28-004-143, and 28-004-157 (collectively the "subject Arlington County property") for the period of 01/01/06 through 05/11/06 as follows: (see Order for specific individual amounts) For the period of 05/12/06 through 12/31/06, Arlington County agrees to exonerate and relieve the Libyan government for all County real estate taxes due and owing on the subject Arlington County property. Except as set forth in paragraph 5 below, Arlington County agrees to continue to regard the subject Arlington County property as exempt from local real estate taxes for tax year 2007. This action is dismissed with prejudice. (see Order for details) Signed by Judge T. S. Ellis III on 07/31/07. (Attachments: # 1 Cover Letter)(pmil)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGIN

i

Alexandria Division

L

JUL 3 I 200T

GREAT SOCIALIST PEOPLE'S
LIBYAN ARAB JAMAHIRIYA

CLERK, U.S. DISTRICT COURT
A),FXANDRIA. VIRGINIA

Plaintiff,

Civil Action No.

l:07cv497 (TSE/TCB)

v.

COUNTY OF ARLINGTON, VIRGINIA
and

COUNTY OF FAIRFAX, VIRGINIA
Defendants

CONSENT FINAL ORDER OF SETTLEMENT AND
ENTRY OF DISMISSAL WITH PREJUDICE

This matter came before the Court on the request of Plaintiff Great Socialist People's
Libyan Arab Jamahiriya (the Libyan government), Defendant County of Arlington, Virginia
("Arlington County"), and Defendant County of Fairfax, Virginia, ("Fairfax County"), by their
respective undersigned counsel, pursuant to Fed. R. Civ. P. Rule 58, to request that the Court

enter a "Consent Final Order of Settlement and Entry of Dismissal with Prejudice" for the
above captioned matter.

Having been duly advised by the parties, through representations made by their

respective counsel and by the endorsements of their respective counsel appearing on this
"Consent Final Order of Settlement and Entry of Dismissal with Prejudice," that all claims,
issues, and other matters raised in or pertinent to the Complaint filed by the Libyan

government in this action have been fully settled, compromised, or otherwise resolved by
all parties, this Court hereby ORDERS and ADJUDGES:

1)

With respect to the claims set forth in the Complaint by the Libyan

government against Fairfax County, the Libyan government agrees to pay to Fairfax
County the sum of $4,762.68, which represents the total amount of real property taxes due
and owing on Tax Map. No. 29-3((17))(4) parcel 914 (the subject Fairfax County property)
for tax year 2006;

2)

Further with respect to the claims set forth in the Complaint by the Libyan

government against Fairfax County, Fairfax County agrees to exonerate and relieve the

Libyan government for all County taxes due and owing on the subject Fairfax County
property for tax year 2007;

3)

With respect to the claims set forth in the Complaint by the Libyan

government against Arlington County for tax year 2006, the Libyan government agree to
pay Arlington County the sum of $3,224.12, which represents the total amount of real
property taxes due and owing on three real estate parcels designated with Arlington County

real property codes 28-004-130,28-004-143, and 28-004-157 (collectively the "subject
Arlington County property") for the period of January 1,2006 through May 11, 2006, as
follows:

Parcel 28-004-130:
Parcel 28-004-143:

$ 1,087.13
$ 1,057.19

Parcel 28-004-157:
TOTAL:

$1,079.80
$3,224.12

For the period of May 12, 2006 through December 31,2006, Arlington County
agrees to exonerate and relieve the Libyan government for all County real estate taxes due

and owing on the subject Arlington County property. Except as set forth in paragraph 5,

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below, Arlington County agrees to continue to regard the subject Arlington County
property as exempt from local real estate taxation for tax year 2007.

4)

Further with respect to the claims set forth in the Complaint by the Libyan

government against Fairfax County, Fairfax County will formally regard the subject
Fairfax County property exempt from local real estate taxation by Fairfax County in the
future so long as there is no change in the subject Fairfax County property's ownership or
use, there is no change in applicable federal law or international law that would negate the

subject Fairfax County property's tax exempt status, and the subject Fairfax County
property's tax exempt status is not formally revoked by the United States Department of
State;

5)

Further with respect to the claims set forth in the Complaint by the Libyan

government against Arlington County, Arlington County will formally regard the subject
Arlington County property exempt from local real estate taxation by Arlington County in

the future so long as there is no change in the subject Arlington County property's
ownership or use, there is no change in applicable federal law or international law that

would negate the subject Arlington County property's tax exempt status, and the subject

Arlington County property's tax exempt status is not formally revoked by the United States
Department of State;

6)

With respect to any claims for a refund of real estate taxes or any challenge

to the real estate tax assessments for tax years prior to 2006 on the subject Fairfax County
property and on the subject Arlington County property, the Plaintiff agrees to waive and
release any such claims against Fairfax County and Arlington County;
7)

This action is dismissed with prejudice.
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Date:

H\

T.S. Ellis, m

<n

Statea I

United States District Judge

Respectfully submitted

COUNTY OF FAIRFAX, VIRGINIA
By Counsel

DAVID P. BOBZIEN
COUNTY ATTORNEY

By
Ellen F.M. Posner, Assistant County Attorney
Virginia Bar Number 22086
Attorney for County of Fairfax, Virginia
Office of the County Attorney
12000 Government Center Parkway, Suite 549
Fairfax, Virginia 22035-0064
Phone: [phone]
Fax: [phone]

ellen.posner@.fairfaxcountv.gov

Respectfully submitted,

COUNTY OF ARLINGTON, VIRGINIA
By Counsel

STEPHEN MACISAAC
COUNTY ATTORNEY

By
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Ara L. Tramblian, Deputy County Attorney
Virginia Bar Number 23450

Arlington County Attorney's Office
2100 Clarendon Boulevard, Suite 403
Arlington, VA 22201
Phone: [phone]
Fax: [phone]

atramblian@,arlingtonva.us

Respectfully submitted,
GREAT SOCIALIST LIBYAN ARAB JAMAHIRIYA

BY:.

J.P. Szyinkowicz, Esquire l/Sl
Szymkowicz & Szymkowicz, LLP

1220 19th Street, N.W., Suite 400

Washington, D.C. 20036-2438
Phone: [phone]
Fax: [phone]
jp@,szvmkowicz.com

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