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ATTORNEYS FOR PETITIONER: TIMOTHY D. HERNLY RICHARD J. DEAHL BARNES & THORNBURG South Bend, IN

ATTORNEYS FOR RESPONDENT: STEVE CARTER ATTORNEY GENERAL OF INDIANA JOHN D. SNETHEN DEPUTY ATTORNEY GENERAL Indianapolis, IN

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IN THE INDIANA TAX COURT
_____________________________________________________________________ ) BETA STEEL CORPORATION, ) ) Petitioner, ) ) v. ) Cause No. 71T10-0211-TA-127 ) JOHN R. SCOTT, PORTAGE ) TOWNSHIP ASSESSOR, ) PORTER COUNTY, INDIANA, ) ) Respondent. ) ____________________________________________________________________ ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW NOT FOR PUBLICATION March 16, 2007 FISHER, J. Beta Steel Corporation (Beta) appeals the final determination of the Indiana Board of Tax Review (Indiana Board) valuing its real property for the 1999 assessment year (year at issue). The sole question before this Court is whether the Indiana Board erred in denying an obsolescence adjustment to Beta.

FACTS AND PROCEDURAL HISTORY Beta, an Indiana corporation, owns and operates a steel manufacturing plant located in Porter County, Indiana. 1 The plant's primary manufacturing facility (primary facility), constructed in the early 1990s, contained a hot rolling mill. In 1995, Beta expanded its primary facility and its manufacturing operations by adding an electric arc furnace and various satellite buildings. For the year at issue, the Portage Township Assessor (Assessor) valued Beta's plant at $5,474,270. In arriving at that value, the Assessor did not assign an

obsolescence adjustment to Beta's primary facility. Believing that its primary facility was entitled to an obsolescence adjustment, Beta filed a Petition for Review of Assessment (Form 130) with the Porter County Property Tax Assessment Board of Appeals (PTABOA). On January 7, 2000, the PTABOA denied Beta's Form 130 request. On February 7, 2000, Beta filed a Petition for Review of Assessment (Form 131RP) with the State Board of Tax Commissioners. In its Form 131RP, Beta asserted that its primary facility was entitled to a 75% obsolescence adjustment to account for the functional and economic obsolescence present therein. On September 17, 2002, after conducting a hearing on Beta's Form 131RP, the Indiana Board issued a final determination denying Beta's request for an obsolescence adjustment. 2

Beta does not own the land upon which its manufacturing plant is located; rather, it leases the land from the Indiana Port Commission. On December 31, 2001, the Indiana legislature abolished the State Board of Tax Commissioners (State Board). 2001 Ind. Acts 198

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