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Evidence shows outrage over property tax assessment is a case of ‘buyer’s remorse’

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A dispute over a property tax assessment of a mobile home park is a case of buyer’s remorse and not indicative of an error by the Indiana Board of Tax Review, the Indiana Tax Court has ruled.

In Shelbyville MHPI, LLC v. Anne Thurston, in her official capacity as Assessor, Shelby County, 49T10-1003-TA-14, the Indiana Tax Court affirmed the IBTR’s decision to uphold the Shelby County assessor’s assessment of the property.  

Shelbyville MHPI, LLC bought a 51.04 acre mobile home park in December 2004 for $4,266,400. This amount was close to an independent appraisal that valued a portion of the park at $4.2 million.

For the 2006 tax year, the Shelby County assessor assessed MHPI’s property at $4,983,300. When MHPI appealed, the Shelby County Property Tax Assessment Board of Appeals reduced the assessment to $4,263,800.

However in October 2008, MHPI appealed to the IBTR, claiming its assessment was still too high. During the hearing, MHPI presented an appraisal that estimated the market value-in-use of the park at $2.9 million as of Jan. 1, 2005. In response, the assessor presented an appraisal which valued the property at $4.2 million as of Nov. 4, 2004. The assessor pointed out that MHPI purchased the park for just over $4.2 million in December 2004 which supported the county’s assessment.

The IBTR found the assessor’s evidentiary presentation more persuasive and upheld MHPI’s assessment.

MHPI appealed to the Indiana Tax Court. It asserted, in part, that the IBTR should have completely rejected or significantly discounted the assessor’s December 2004 sales evidence because MHPI had demonstrated it never would have paid over $4.2 million for the property had it known that Indiana’s re-trending process would cause the property taxes to “sky rocket.”

In addressing that issue, the court found MHPI made an incorrect assumption when it thought its assessment and associated property tax liability would remain relatively constant. The December 2004 sales evidence reflected both the robustness and stability of the manufactured home market for the 2006 tax year but also shows what MHPI believed the property to be worth at the time of purchase.

In opinion, Senior Judge Thomas Fisher wrote, “Accordingly, while MHPI’s current complaints regarding its ‘sky rocketing’ property taxes are indicative of buyer’s remorse, they do not require the complete rejection or substantial discounting of the December 2004 sales evidence.”

 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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