APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX
ATTORNEY FOR PETITIONER: PAUL M. JONES, JR. PAUL JONES LAW,
ATTORNEYS FOR RESPONDENT: CURTIS T. HILL, JR. ATTORNEY
GENERAL OF INDIANA WINSTON LIN GREGORY P. GADSON DEPUTY
ATTORNEYS GENERAL Indianapolis, IN
ATTORNEYS FOR AMICUS CURIAE: MARILYN S. MEIGHEN MARJORIE K.
RICE MONROE COUNTY BOARD OF COMMISSIONERS Bloomington, IN
Corporation #6698-02 ("CVS") challenges the Indiana
Board of Tax Review's final determination valuing its
real property for the 2011-2013 tax years. Upon review, the
Court affirms the Indiana Board's final determination.
FACTS AND PROCEDURAL HISTORY
subject property is a 12, 799 square-foot CVS store located
on a 2.79 acre parcel in Bloomington, Indiana. (Cert. Admin.
R. at 249-51.) The Monroe County Assessor valued the property
at $2, 476, 200 for 2011, $2, 354, 700 for 2012, and $2, 374,
900 for 2013. (Cert. Admin. R. at 249.) Believing these
values to be too high, CVS appealed the assessments to the
Monroe County Property Tax Assessment Board of Appeals
("PTABOA"). The PTABOA affirmed the assessments and
CVS appealed to the Indiana Board.
parties agreed to an expedited review procedure before the
Indiana Board based on stipulated evidence. (Cert. Admin. R.
at 43-46.) See 52 Ind. Admin. Code 2-6-3(b) (2016)
(listing expedited review procedures). The stipulated
evidence consisted of the property record card, the
14th edition of The Appraisal of Real
Estate, and the parties' appraisal reports completed
by certified appraisers in compliance with the Uniform
Standards of Professional Appraisal Practice. (Cert. Admin.
R. at 48-49, 134-35, 256-57.) CVS's appraisal report
applied the sales comparison, income, and cost approaches to
value the subject property at $1, 810, 000 for 2011, $1, 830,
000 for 2012, and $1, 940, 000 for 2013. (Cert. Admin. R. at
174-75, 239-40.) The Assessor's appraisal report also
used the sales comparison, income, and cost approaches to
value the property, but arrived at the higher assessed values
of $2, 470, 000 for 2011, $2, 510, 000 for 2012, and $2, 555,
000 for 2013. (Cert. Admin. R. at 258, 381.)
submitting the stipulated evidence, CVS asked the Indiana
Board to take judicial notice of the records of two prior
administrative proceedings involving the same parties and the
same appraisers. (Cert. Admin. R. at 1329 n. 1.) Although
the prior administrative records involved two distinct CVS
properties, each having its own property-specific appraisal,
CVS claimed that the testimony within those prior records
would demonstrate that in the current matter the CVS
appraisal was generally more probative than that of the
Assessor. (See generally Cert. Admin. R. at 1329,
15, 2016, the Indiana Board issued its final determination.
It first denied CVS's request for judicial notice,
stating that the prior administrative records were not part
of the stipulated evidence. (Cert. Admin. R. at 60 ¶ 6
n.4.) Then, after weighing the evidence, the Indiana Board
determined the property's value by adopting the portions
of each appraisal report it found most reliable: the land
values from CVS's appraisal report and the improvement
values from the Assessor's appraisal report. (Cert.
Admin. R. at 76-82, 83-84 ¶¶ 78-79.) This resulted
in a final value for the property of $2, 332, 295 for 2011,
$2, 361, 749 for 2012, and $2, 342, 793 for 2013. (Cert.
Admin. R. at 84 ¶ 79.)
initiated this original tax appeal on July 28, 2016. The
Court heard the parties' oral arguments on March 7, 2017.
Additional facts will be supplied as necessary.
party seeking to overturn a final determination of the
Indiana Board bears the burden of demonstrating its
invalidity. Osolo Twp. Assessor v. Elkhart Maple Lane
Assocs., 789 N.E.2d 109, 111 (Ind. Tax Ct. 2003). CVS
must therefore demonstrate that the Indiana Board's final
determination is arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law; contrary
to constitutional right, power, privilege, or immunity; in
excess of or short of statutory jurisdiction, authority, or