Last modified: Sunday, December 31, 2006 12:44 AM EST Mall tax fight cost rises BY AMY DeMELIA SUN CHRONICLE STAFF NORTH ATTLEBORO - About $140,000 is needed to pay legal bills that have accumulated as the town defends its decision not to give a tax break to Emerald Square mall. Assessors are asking for $140,000 at January's special town meeting to pay legal bills that have already accumulated from attorneys representing the town before the Appellate Tax Board in Boston. The town had already paid attorneys $60,000 that was appropriated earlier. Simon Property Group, the owners of Emerald Square, first sought an abatement on its tax bill in 2002, arguing that the value set by assessors is too high. Assessors denied the abatement and Simon brought the issue before the tax board. Hearings were held last May, but a decision has not yet been made. The dispute involves the valuation of the mall, which was set at $176 million in 2002, not including the anchor stores, which are assessed separately. At the time, the assessment gave Emerald Square a $2 million annual tax bill. Assessors say the value is fair and is based on the sale of similar types of property. Simon argues that the mall's 164-store building was only worth about $132 million, meaning the tax bill would drop by about $500,000 to $1.5 million. Simon says mall tenants did not see a 33 percent increase in sales, so a 33 percent increase in valuation is too high. The mall also is seeking abatements for all its tax bills since the original request was submitted in 2002. While Emerald Square is required to pay its tax bill in full while the case is ongoing, the town will have to refund any overpayments with 7 percent interest if the case is settled in Simon's favor. The town has been holding money in its overlay account in case a refund becomes necessary. The total for all of the abatements requested by the mall is more than $2 million.