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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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