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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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