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Board did not abuse discretion in finding assessor’s appraisal more persuasive

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Noting that determining the assessed value of a property is not an exact science, the Indiana Tax Court rejected a property owner’s assertion that the county assessor’s appraisal was improperly given greater weight.  

In Millennium Real Estate Investment, LLC v Assessor, Benton County, Indiana, 49T10-1008-TA-42, the Tax Court affirmed the Indiana Board of Tax Review’s final determination in upholding the real property assessments of Millennium Real Estate Investment, LLC.   

For the 2008 tax year, the Benton County assessor assigned property owned by Millennium Real Estate Investment, LLC a total assessed value of $639,800. Millennium believed the assessments were too high and sought review first with the Benton County Property Tax Assessment Board of Appeals and then the IBTR.

At the IBTR hearing, Millennium offered its appraisal estimated the value of the property at $325,000 as of March 1, 2008, and stated that the property was sold in December 2003 for $182,000. Also, the petitioner presented an Asset Purchase Agreement showing that it purchased its property for $193,817 on June 30, 2008.

The assessor presented an appraisal which valued the property at $640,000 as of Jan. 10, 2007.

After the IBTR upheld the assessment in July 2010, Millennium appealed on two grounds. First, Millennium claims the IBTR ignored its December 2003 sales evidence and improperly discounted its June 2008 sales evidence. Second, Millennium claims the IBTR erred in assigning greater weight to the assessor’s appraisal.

On the first claim, the Tax Court found that Millennium did not show that the IBTR erred with respect to the December 2003 sales evidence claim. Also Millennium’s June 2008 sales evidence does not probatively demonstrate that its 2008 assessments were incorrect.

On the second claim, the court ruled that the IBTR did not abuse its discretion in finding the assessor’s appraisal more persuasive than Millennium’s appraisal despite their differences.

Specifically, the court rejected the argument that the assessor’s appraisal utilized an improper assessment standard in estimating the value of Millennium property. The court also found Millennium’s argument unpersuasive that the IBTR should have determined that its appraisal better reflected the value of its property.


 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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