8 Conn. App. 440 | Conn. App. Ct. | 1986
The plaintiff has appealed from the judgment rendered after the trial court dismissed its tax appeal. The plaintiff challenged the assessment of its real estate by the town of Windsor on the grand lists of October 1, 1982, 1983 and 1984. In its original complaint, the plaintiff appealed from the decision of the defendant, the Windsor board of tax review, assessing the plaintiffs real estate in the amount of $2,325,880 on the grand list of October 1, 1982. By amendments to its complaint, the defendant appealed the assessment of $2,828,740 on the grand list of both October 1,1983, and October 1,1984. After a full trial, the court sustained the action of the board and rendered judgment for the defendant.
On appeal to this court, the plaintiff claims that the decision of the trial court is erroneous because it held that the plaintiff failed to sustain its burden of proof as to whether the action of the assessor, in not lowering the percentage of completion regarding a commercial building located on the property, was a nonfeasance or misfeasance. The plaintiff also claims that the court’s conclusion as to the fair market value of the property was erroneous.
Regardless of the arguments pressed by the plaintiff, this appeal is predicated upon the proposition that the court should have accepted the plaintiff’s rather than the defendant’s appraisers’ valuation of the real estate in question. Further, although the plaintiff emphasizes in its brief a “percentage of completion” variance found in the reports of different appraisers, such an argument is irrelevant and unavailing since an appraisal is based on the fair market value of the real estate on a given date rather than on the percentage of completion on that date.
The only question properly before us is whether the conclusion of the trial court is supported by the evidence
In arriving at its determination as to the correctness of the valuation, the trier is not limited to arbitrating the differing opinions of the expert witnesses but is to draw its conclusions in light of all the circumstances, the evidence, its general knowledge and its
As we have stated above, the plaintiff’s arguments with regard to the discrepancies in the various appraisal reports in no way affect the central issue in this appeal, which is the correctness of the defendant’s assessment. Also, the plaintiff’s allusion to the action of the town’s assessor in not making a change concerning the percentage of completion as somehow constituting a wrong that should result in a finding that the assessment was illegal, is wholly without merit.
There is no error.
In this opinion the other judges concurred.