Board of Review v. Property Tax Appeal Board
State: Illinois
Court: 4th District Appellate
Docket No: 5-97-0488
Case Date: 03/20/1998
NO. 5-97-0488
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
BOARD OF REVIEW OF MACON COUNTY ) Administrative Review
and THE COUNTY OF MACON, ) of Property Tax Appeal
Petitioners, ) Board
v. ) Nos. 952482I3
PROPERTY TAX APPEAL BOARD OF THE ) 952483I3
STATE OF ILLINOIS and the A.E. ) 952484I3
STALEY COMPANY, ) 952485I3
Respondents. ) 952486I3
) 952487I3
) 952488I3
) 952489I3
) 952490I3
) 952491I3
) 952492I3
JUSTICE GREEN delivered the opinion of the court:
Respondent, A.E. Staley Company (Staley), the owner of
a large, corn wet mill in Decatur (Staley property), brought a
complaint before petitioner, the Board of Review of Macon County
(Review Board), alleging the Staley property had been overas-
sessed for the 1995 tax year. 35 ILCS 200/16-95 (West 1996).
According to the record, the Staley property had received a tax
assessment for that year in the amount of $10,735,357 (based on
an assigned fair market value (FMV) of $32,521,500). The Review
Board upheld the assessment.
Staley appealed the Review Board's decision to respon-
dent, the Property Tax Appeal Board of the State of Illinois
(PTAB). 35 ILCS 200/16-160, 16-180, 16-185 (West 1996). Follow-
ing a hearing, the PTAB entered a written order on June 17, 1997,
lowering the property tax assessment on the Staley property to
$3,466,050 (based on a reduced FMV of $10,500,000). Pursuant to
section 16-195 of the Illinois Property Tax Code (Tax Code),
final administrative decisions of the PTAB are directly review-
able in the appellate court where, as here, a change in assessed
valuation of $300,000 or more is sought. 35 ILCS 200/16-195
(West 1996). Accordingly, the Review Board and the County of
Macon (Macon County), petitioners herein, brought administrative
review of the PTAB's decision directly to this court pursuant to
section 16-195 of the Tax Code and section 3-113 of the Admin-
istrative Review Law (735 ILCS 5/3-113 (West 1996)). We affirm.
For the year 1985, the parties had stipulated to a FMV
for the Staley property of $25 million, which was more than twice
as much as the $10,500,000 FMV found here by the PTAB, but many
changes had taken place in the decade involved.
The following evidence is undisputed. The Staley
property consists of 2,665,881 square feet or approximately 240
acres of land. The Staley property is considered an industrial
complex and contains 105 buildings. In addition, the Staley
property contains 233 grain silos and several grain elevator
facilities (hereafter collectively referred to as grain elevator
facilities). Staley no longer uses 800,000 square feet of the
property, apparently because of obsolescence, and it has been
abandoned. The majority of the buildings in use are for process-
ing corn products, such as corn sweetener and cornstarch. All of
the buildings were constructed in stages from 1910 to 1994, 12%
of the Staley property is designed for office and laboratory
space, and 88% of the buildings on the Staley property are multi-
storied.
Staley keeps a minimum supply of grain in storage and,
as a result, uses only one-fourth of its grain storage capacity.
As a result, many of the grain elevator facilities have not been
maintained and are deteriorating. Since 1985, Staley has discon-
tinued producing certain products at the Staley plant; thus, many
buildings on the Staley property have become obsolete. Staley is
currently in the process of modernizing the plant in the starch
production area, which will cost approximately $20 million.
The appraisal evidence before the PTAB consisted mostly
of the testimony of Terrance P. McCormick for Staley and David
Craig on behalf of Macon County.
McCormick's summary conclusions listed the rounded FMV
of the Staley property as of January 1, 1995, using the three
different valuation approaches, as follows: (1) cost approach,
$10,750,000; (2) sales comparison approach, $10,250,000; and (3)
income capitalization approach, $10,050,000. Based on these
three approaches, McCormick's reconciled opinion of the FMV of
the Staley property was $10,500,000.
McCormick testified concerning his appraisal of the
Staley property, as follows: (1) in the past, he has appraised
approximately 300 large industrial properties, with over 10 of
those properties exceeding 1 million square feet; (2) he defined
FMV as the "likely price [a] knowledgeable an[d] informed buyer
and seller would agree under normal conditions *** of the mar-
ket"; and (3) the highest and best use of the Staley property, as
vacant, was industrial and, as improved, its present use. He
also stated the Uniform Standard of Professional Practice guide
recommends that the three approaches he used (cost, sales com-
parison, and income capitalization) should be used in all cases.
Using the cost approach, McCormick testified he valued
the Staley property land at $7,500 per acre, for a total of
$1,800,000 (7,500 multiplied by 240). To estimate the cost of
the buildings, he used reproduction cost rather than replacement
cost. His estimated reproduction cost of all buildings and silos
was approximately $163,500,000. Market sales indicated a market
depreciation of between 88% and 99%. Based on an age-life
method, he applied 96% depreciation (2% annual depreciation) to
all buildings and improvements. This was a result of his deter-
mination that the effective age of the buildings was 48 years (48
multiplied by 2%). McCormick estimated the economic life of the
buildings was 60 years, which left a remaining economic life of
12 years. McCormick concluded that the total depreciated value
of the buildings, improvements, grain elevator facilities,
storage tanks, and dryers was $8,929,629. This depreciated
value, added to the land value of $1,800,000, resulted in a total
value of $10,729,629 (rounded to $10,750,000) using the cost ap-
proach.
Using the income capitalization approach, McCormick
testified he found five rentals of older industrial complexes
that indicated rental rates between $0.35 per square foot and
$1.40 per square foot. He determined the Staley property had a
rental rate of $0.50 per square foot after discounting for its
extremely large size, multistory nature, age, condition, and
location. He concluded the $0.50-per-square-foot operating
income was $1,332,941, less management fees (25%) of $333,235,
for a total net operating income of $999,706. Next, McCormick
stated the proper capitalization rate was 15.5% based on a market
analysis of sales properties indicating an overall capitalization
rate range between 14.3% and 15.5%. McCormick divided the net
operating income of $999,706 by 15.5%, for an indicated value of
$6,449,716, and added the value of the grain elevator facilities,
which was $3,593,934, for a total of $10,043,650 (rounded to
$10,050,000) using the income capitalization approach.
Using the sales comparison approach, McCormick testi-
fied he did a separate analysis of the grain elevator facilities
and the rest of the Staley property because the comparable sales
he found did not have grain elevator facilities. McCormick
indicated he used 13 properties sold on the market to compare
with the Staley property (all property except the grain elevator
facilities), and those properties sold from $0.59 per square foot
to $5.89 per square foot. The 13 properties sold between Decem-
ber 1989 and September 1995. The 13 properties ranged in age
from 19 to 79 years old and ranged in size from 170,000 to
2,479,000 square feet. Based on the 13 comparable sale proper-
ties, McCormick adjusted for differences (land to building ratio,
percent of one-story area, and percent of office area) and
determined the Staley property was valued at $2.50 per square
foot. Applying the $2.50 per square foot, McCormick opined that
the Staley property (all property except the grain elevator
facilities) had a FMV of $6,664,703 using the sales comparison
approach.
McCormick valued the grain elevator facilities separa-
tely. He used six comparable sales. Based thereon, he indicated
the grain elevator facilities were worth $0.35 per bushel of
capacity (here, the silos have a total capacity of 10,268,382
bushels), for a total value of $3,593,934. Thus, using the sales
comparison approach, McCormick concluded the Staley property had
a FMV of $10,258,637 ($6,664,703 in buildings plus $3,593,934 in
grain elevator facilities), which was rounded to $10,250,000.
McCormick concluded that based on all three approaches, the
Staley property had a reconciled value of approximately
$10,500,000, placing greater weight on the sales comparison ap-
proach.
Craig assessed the Staley property as having a FMV of
$24 million. He applied only the cost and sales comparison ap-
proaches, concluding the income capitalization approach was not
relevant here. He deemed the highest and best use of the plant
buildings was industrial and that the three office buildings
should be subdivided and sold. He valued them separately because
he believed a buyer of the whole tract would divide and sell
those buildings individually or as a unit. He believed the cost
approach was most appropriate because he could not find sales of
comparable property due to the unique nature of the Staley
property.
Craig began his cost approach analysis by valuing the
Staley land at approximately $2 million based upon the price for
sales of properties he deemed comparable. He then considered the
costs of construction of four wet mills built in various parts of
the country in recent years. Craig then determined the cost per
bushel of capacity for those plants and adjusted for the differ-
ence between the total per-bushel capacity of those plants and
the Staley plant.
Craig depreciated the various portions of the plant,
based upon years of usage, and ended up with the following valua-
tions: (1) plant buildings, $12,786,077; (2) three office build-
ings, $3,980,361; (3) grain elevator facilities, $4,107,354; and
(4) site improvements, $1,400,000. He added those amounts to the
land value of $2 million and obtained a FMV of $24,038,227 (the
actual figure is $24,273,792). Craig rounded the FMV to $24
million.
In regard to an appraisal based on comparable sales,
Craig valued the (1) three office buildings at $3,940,000, (2)
plant buildings at $12,520,789, and (3) grain elevator facilities
at $4,015,729. Craig's total FMV using this approach (excluding
the land) was $20,476,518, which he rounded to $20,440,000.
Craig recognized that in separating the three office buildings
from the rest of the Staley property, additional separating and
selling costs would be incurred, and he stated he lessened his
valuation of those properties for that reason.
Gary Battuello, a real estate appraiser, testified as a
rebuttal witness for Staley. He was somewhat critical of Craig's
theory of separating the three office buildings from the other
property and selling them. He maintained that $250,000 in
expenses would be incurred in providing space in other parts of
the plant for functions now performed in the three office build-
ings if only one-half the space now used in the office buildings
would then be necessary. He was also concerned that Craig failed
to consider the difficulty of selling a building as large as the
largest office building and criticized Craig's use of sales of
much smaller office buildings as comparable to a possible sale of
the largest office building. Battuello deemed McCormick's
appraisal to be more accurate than Craig's, but he thought 5 of
the 13 comparable sales used by McCormick concerned property too
small to be relevant here.
Macon County called three rebuttal witnesses: Daniel
Collins, who worked on the Craig appraisal; William Beuchen-
schuetz, a member of the Review Board; and Ron Finley, a supervi-
sor of assessments. All three witnesses criticized McCormick's
comparable sales.
In its written decision, PTAB explains it found McCor-
mick's testimony most persuasive of all the witnesses and virtu-
ally adopted his appraisal. PTAB approved McCormick's emphasis
on the sales comparison approach and criticized Craig's emphasis
on the cost approach, citing Willow Hill Grain, Inc. v. Property
Tax Appeal Board, 187 Ill. App. 3d 9, 14-15, 549 N.E.2d 591, 596
(1989), and Chrysler Corp. v. Illinois Property Tax Appeal Board,
69 Ill. App. 3d 207, 211, 387 N.E.2d 351, 355 (1979). The
opinions in both of those cases indicated the cost approach
method of appraisal should be used only when evidence of reason-
able comparable sales is not available.
The PTAB concluded that ample evidence of comparable
sales was available and, accordingly, Craig's appraisal based on
the cost approach was entitled to little weight. PTAB also
stated McCormick's determination that the highest and best use of
the property as a single industrial complex was a better-
supported theory than Craig's opinion that the property should be
divided because Craig had given too little consideration to the
factors involved in doing so. PTAB then concluded that even if
cost was to be a determinative factor in valuation, McCormick's
analysis was more persuasive because he had determined deprecia-
tion based on factors he had learned through his analysis of the
information available concerning comparable sales. PTAB conclud-
ed that five of the sales McCormick considered were not compar-
able, but the remaining eight were comparable.
As with other similar decisions of administrative
agencies, determinations by the PTAB of facts, such as valuations
of real estate for property tax purposes, are generally "consid-
ered prima facie true and correct and are not to be set aside on
administrative review unless they are against the manifest weight
of the evidence, or if they are not supported by competent evi-
dence." Showplace Theatre Co. v. Property Tax Appeal Board, 145
Ill. App. 3d 774, 777, 495 N.E.2d 1312, 1315 (1986), citing
Cherry Bowl, Inc. v. Property Tax Appeal Board, 110 Ill. App. 3d
326, 328, 426 N.E.2d 618, 620 (1981). However, PTAB's valuation
will be reversed when it has used an improper method of valua-
tion. Willow Hill, 187 Ill. App. 3d at 14, 549 N.E.2d at 595-96,
citing Chrysler, 69 Ill. App. 3d at 210-11, 387 N.E.2d at 354.
Here, PTAB's evaluation was not contrary to the mani-
fest weight of the evidence. It was supported by McCormick's
testimony. Under Willow Hill and Chrysler, the sales comparison
approach was the best method of valuation and that was used.
Macon County and the Review Board maintain that the purportedly
comparable sales used were not sufficiently comparable. The
Supreme Court of Illinois has determined that in evaluating real
estate, the use of evidence of other sales of somewhat similar
property is admissible if the evidence would be of aid to the
trier of fact and the opponent of the evidence has ample oppor-
tunity to show the difference between the property being evaluat-
ed and the property involved in the sale. People ex rel. the
Director of Finance v. Young Women's Christian Ass'n, 74 Ill. 2d
561, 570-71, 387 N.E.2d 305, 310 (1979). Here, 8 of the 13
comparable sales McCormick considered ranged in size from 720,000
to 2,479,000 square feet; thus, information as to sales of these
properties was of aid to the PTAB.
Macon County and its Review Board also complain that
PTAB and McCormick failed to evaluate the three office buildings
separate and apart from the rest of the Staley plant. PTAB
concluded that Craig, who did give these properties a separate
evaluation as having a different highest and best use, did not
give sufficient consideration to the costs that would be incurred
by separating these three buildings for sale and the difficulty
any buyer would have with filling these buildings, especially the
administration building, with tenants because of the size of
these buildings. This determination by the PTAB was supported by
competent evidence and was not contrary to the manifest weight
thereof.
For the reasons stated, we affirm the decision of the
PTAB on review.
Affirmed.
KNECHT and COOK, JJ., concur.
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