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BKMM Holdings, LLC v. Perry Township Assessor
State: Indiana
Court: Indiana Tax Court
Docket No: 49T10-0601-TA-9
Case Date: 10/04/2006
Preview:ATTORNEY FOR PETITIONER: TIMOTHY J. VRANA ATTORNEY AT LAW Columbus, IN

ATTORNEYS FOR RESPONDENT: STEVE CARTER ATTORNEY GENERAL OF INDIANA ANDREW W. SWAIN SPECIAL COUNSEL, TAX SECTION JOHN D. SNETHEN DEPUTY ATTORNEY GENERAL Indianapolis, IN ____________________________________________________________________

IN THE INDIANA TAX COURT
_____________________________________________________________________ BKMM HOLDINGS, LLC, ) ) Petitioner, ) ) v. ) Cause No. 49T10-0601-TA-9 ) PERRY TOWNSHIP ASSESSOR, ) ) Respondent. ) _____________________________________________________________________ ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW NOT FOR PUBLICATION October 4, 2006 FISHER, J. BKMM Holdings, LLC (BKMM) appeals the final determination of the Indiana Board of Tax Review (Indiana Board) valuing its real property for the March 1, 2002 assessment date. The sole issue before the Court is whether the Indiana Board erred in valuing BKMM's improvement.

FACTS AND PROCEDURAL HISTORY BKMM owns industrial real property in Perry Township, Monroe County, Indiana. For the 2002 assessment date, the Perry Township Assessor (Assessor) assigned BKMM's property a true tax value of $461,200 ($93,200 for land and $368,000 for improvements) based on an application of the General Commercial Kit (GCK) pricing schedule. Believing this value to be too high, BKMM filed a Petition for Review of Assessment (Form 130) with the Monroe County Property Tax Assessment Board of Appeals (PTABOA). In its Form 130, BKMM challenged the Assessor's land pricing and replacement costs of the improvements; it requested an assessed value of $223,000 ($45,000 for land and $178,000 for improvements). On October 22, 2003, after

conducting a hearing on the matter, the PTABOA changed a portion of the improvement's use from GCK to General Commercial Industrial (GCI) wall type 3, changed the usage to light manufacturing, and changed the grade. As a result of these changes, the PTABOA increased the assessed valued of the improvements to $520,000 and made no change to the value of the land. BKMM subsequently filed a Petition for Review of Assessment with the Indiana Board (Form 131) on November 10, 2003. In its Form 131, BKMM claimed the

PTABOA erred when it changed its assessment and that its improvement was properly assessed using the GCK schedule. BKMM requested that the assessed value of the land remain at $93,000, but that the improvements be valued at $340,000. The Indiana Board held a hearing on BKMM's Form 131 on September 15, 2005. On December 15,

2

2005, the Indiana Board issued its final determination in which it denied BKMM's request for relief. BKMM filed an original tax appeal on January 23, 2006. The Court heard the parties' oral arguments on August 25, 2006. necessary. STANDARD OF REVIEW This Court gives great deference to final determinations of the Indiana Board when it acts within the scope of its authority. Miller Village Prop. Co. v. Indiana Bd. of Tax Review, 779 N.E.2d 986, 988 (Ind. Tax Ct. 2002), review denied. Consequently, the Court will reverse a final determination of the Indiana Board only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of statutory jurisdiction, authority, or limitations; without observance of procedure required by law; or unsupported by substantial or reliable evidence. Additional facts will be supplied as

(2)

(3)

(4) (5)

IND. CODE ANN.
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