· 9/9/1994
Western Select Properties, L.P. v. State Board of Tax Commissioners
Citations
- 639 N.E.2d 1068
- 1994 Ind. Tax LEXIS 60
- 1994 WL 495243
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the State Board's failure to explain its rationale for choosing a 75% obsolescence adjustment rather than 95% was unsupported by any evidence and therefore arbitrary and capricious
- remanding case to State Board where hearing officer could not articulate why he chose 75% obsolescence over 95% obsolescence
- taxpayer must offer evidence of assessment of similar properties in order to demonstrate inconsistent assessments
- “Functional obsolescence is a form of depreciation resulting in loss of value due to lack of utility or desirability inherent in the design of the property.”
- State Board must provide some reasoning to support a subjective judgment
Source: CourtListener parenthetical corpus (CC0).
Judges: Fisher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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