Corrected January 22, 2016.
APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX
FOR PETITIONER: JOHN C. SLATTEN, MARION COUNTY ASSESSOR'S
OFFICE, Indianapolis, IN.
FOR RESPONDENT: PAUL M. JONES, JR., MATTHEW J. EHINGER, ICE
MILLER LLP, Indianapolis, IN.
case examines whether the Indiana Board of Tax Review erred
in reducing Gateway Arthur, Inc.'s real property
assessment for the 2006 tax year. The Court finds that the
Indiana Board did not err.
AND PROCEDURAL HISTORY
the 2006 tax year, Gateway Arthur owned a portion of the
Indianapolis retail shopping center known as The Shoppes at
County Line Road. Specifically, Gateway Arthur owned six
parcels that contained: 1) three buildings with about 270,000
square feet of leasable space; 2) a retention pond; 3) two
access roads; and 4) a pylon sign (collectively, " the
subject property" ). The Marion County Assessor assigned
the subject property a total assessed value of $17,451,900
for the 2006 tax year.
letter dated July 4, 2008, Gateway Arthur challenged its 2006
assessment with the Marion County Property Tax Assessment
Board of Appeals (" PTABOA" ). The PTABOA, however,
did not issue a decision in its appeal within the statutorily
prescribed period. As a result, Gateway Arthur sought relief
from the Indiana Board on June 3, 2011. Before the Indiana
Board conducted the administrative hearing, it determined
that the Assessor bore the burden of proof with respect to
the appeal because the subject property's assessment had
increased more than 5% from 2005 to 2006. (See Cert. Admin.
R. at 231-42.)
Indiana Board conducted a hearing on May 10, 2012, during
which the Assessor presented, among other things, an Income
Analysis that valued only the subject property's three
buildings at $18,472,400 for the 2006 tax year. (See Cert.
Admin. R. at 923, 1146-58.) The Assessor also presented a
computer printout indicating that Gateway Arthur purchased
the subject property in 2007 for $21,000,000. (See Cert.
Admin. R. at 924-25.) The Assessor claimed that his Income
Analysis, along with the subject property's 2007 purchase
price, supported his assessment because the valuations were
within range of one another. (See Cert. Admin. R. at
response, Gateway Arthur claimed that the Assessor's
Income Analysis should be afforded no weight because it did
not accurately account for property taxes or expenses. (See
Cert. Admin. R. at 1226-31, 1235-36, 1250-55.) Gateway Arthur
also claimed that the Assessor's computer printout
contained several flaws and was not a reliable indicator of
the subject property's value for the 2006 tax year. (See
Cert. Admin. R. at 1181-94, 1201-02.)
October 22, 2012, the Indiana Board issued a final
determination in which it determined that the Assessor had
failed to make a prima facie case because his evidentiary
presentation lacked probative value. (See Cert. Admin. R. at
375-77 ¶ ¶ 44-52.) As a result, the Indiana Board
reinstated the subject property's 2005 settlement value
of $10,504,100 for the 2006 tax year. (See Cert. Admin. R. at
377 ¶ 52.)
December 6, 2012, the Assessor initiated this original tax
appeal. The Court heard oral argument on November 22, 2013.
Additional facts will be supplied as necessary.