Shelbyville MHPI, LLC v. Thurston
978 N.E.2d 527
| Ind. T.C. | 2012Background
- MHPI purchased the subject 205-pad mobile home park (51.04 acres) for $4,266,400 in December 2004 after an appraisal valued part of the park at $4.2 million.
- For 2006, Shelby County Assessor initially assessed MHPI at $4,988,300 and PTABOA reduced it to $4,263,800, a figure MHPI challenged to the Indiana Board.
- At the Indiana Board hearing (2009), both sides presented USPAP-compliant appraisals: MHPI estimated market value-in-use at $2.9 million as of January 1, 2005; the Crown Appraisal valued it at $4.2 million (Nov. 2004).
- The Indiana Board ultimately affirmed the assessment, finding the Assessor’s evidentiary presentation more persuasive.
- MHPI challenged the decision in court, arguing the Board used an improper framework and/or improperly weighed December 2004 sales evidence against retrending concerns.
- The court affirmed, holding the Board’s decision was not contrary to law and was supported by substantial evidence, including the probative value of the December 2004 sales.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Indiana Board’s framework was improper | MHPI contends Board review violated the proper standard of review. | Board implicitly applied the correct framework by weighing competing evidence. | Not contrary to law; framework was proper. |
| Whether December 2004 sales were probative for market value-in-use | MHPI argues retrending and timing undermined probative value of the December 2004 sale. | Board properly considered the sale as probative of market value-in-use for 2006. | Board did not abuse discretion in finding the December 2004 sale probative. |
Key Cases Cited
- Hubler Realty Co. v. Hendricks Cnty. Assessor, 938 N.E.2d 311 (Ind. Tax Ct.2010) (burden to show final determination invalid; substantial evidence standard)
- Long v. Wayne Twp. Assessor, 821 N.E.2d 466 (Ind. Tax Ct.2005) (prima facie case and rebuttal framework in tax appeals)
- John Malone Enter., Inc. v. Schaeffer, 674 N.E.2d 599 (Ind.Ct.App.1996) (statutory/constitutional basis for reversal standards)
- Kooshtard Prop. VI, LLC v. White River Twp. Assessor, 836 N.E.2d 501 (Ind. Tax Ct.2005) (use of sales information to rebut presumption of correctness)