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Idris v. Marion County Assessor

Tax Court of Indiana

June 4, 2014

JAKLIN IDRIS and DARIANA KAMENOVA, Petitioners,
v.
MARION COUNTY ASSESSOR, Respondent

ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW.

JAKLIN IDRIS, PETITIONER, Pro se, Indianapolis, IN.

DARIANA KAMENOVA, PETITIONER, Pro se, Indianapolis, IN.

ATTORNEYS FOR RESPONDENT: GREGORY F. ZOELLER, ATTORNEY GENERAL OF INDIANA, JOHN P. LOWREY, DEPUTY ATTORNEY GENERAL, Indianapolis, IN.

OPINION

Page 332

FISHER, Senior Judge.

This case concerns whether the Indiana Board of Tax Review erred in upholding the 2006 assessment of Jaklin Idris's and Dariana Kamenova's condominium unit.[1] The Court finds it did not.

FACTS AND PROCEDURAL HISTORY

Idris and Kamenova, a mother and daughter, co-own a 2,135 square foot condominium unit in downtown Indianapolis. Their unit is in a six-story, mixed-use building with two bars[2] on the first three floors and residential condominium units on the second three floors. For the 2006 tax year, the condominium was assessed at $395,900 ($44,100 for land and $351,800 for improvements).

Idris believed that their assessment was too high and sought review first with the Marion County Property Tax Assessment Board of Appeals and then with the Indiana Board. On March 22, 2011, the Indiana Board held a hearing during which Kamenova argued that the assessment should be reduced to $270,000 because she was forced to endure excessive noise, foul odors, and persistent crime.[3] To support this claim, Kamenova presented several photographs of the building, a fire incident report, a newspaper article, and a surveillance

Page 333

printout.[4] Kamenova also claimed that the assessments of three other condominium units within the building demonstrated that her unit was over-assessed. In support, Kamenova presented the Marion County Tax Reports and real estate listings[5] for those units, which indicated that the condominium units ranged from between 1,900 to 2,200 square feet and were assessed at approximately $132,000 to $152,000 for the 2006 tax year.[6] On June 20, 2011, the Indiana Board issued a final determination in which it declined to reduce Idris's and Kamenova's assessment.

On August 3, 2011, Idris initiated this original tax appeal.[7] The Assessor subsequently moved to dismiss Idris's appeal, but the Court denied the Assessor's motion. See Idris v. Marion Cnty. Assessor,956 N.E.2d 783 (Ind.Tax Ct. 2011). On June 11, 2012, the Court ...


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