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ATTORNEY FOR PETITIONER: TIMOTHY J. VRANA ATTORNEY AT LAW Columbus, IN

ATTORNEYS FOR RESPONDENT: STEVE CARTER ATTORNEY GENERAL OF INDIANA ALLEN R. MORFORD DEPUTY ATTORNEY GENERAL Indianapolis, IN

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IN THE INDIANA TAX COURT
_____________________________________________________________________ KOOSHTARD PROPERTY VI, LLC, ) ) Petitioner, ) ) v. ) Cause No. 49T10-0412-TA-57 ) WHITE RIVER TOWNSHIP ASSESSOR, ) ) Respondent. ) ______________________________________________________________________ ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW FOR PUBLICATION November 3, 2005 FISHER, J. Kooshtard Property VI, LLC (Kooshtard) 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 Kooshtard's improvement. FACTS AND PROCEDURAL HISTORY Kooshtard owns a gas station/convenience store in Johnson County, Indiana. The property was constructed in 1983 and remodeled in 1995. For the 2002

assessment date, Kooshtard's improvement was assigned a true tax value of $195,400. In arriving at that value, local assessing officials assigned Kooshtard's improvement an effective age of three and a condition rating of "average." Accordingly, Kooshtard's improvement received a nine percent (9%) physical depreciation adjustment. Kooshtard subsequently filed a Petition for Review of Assessment with the Indiana Board (Form 131) on November 17, 2003. In its Form 131, Kooshtard

challenged the computation of its improvement's effective age. Specifically, Kooshtard claimed that under Indiana's Assessment Guidelines, its improvement had an effective age of 17. In turn, Kooshtard explained that an improvement with an effective age of 17 and a condition rating of "average" is entitled to receive a 37% physical depreciation adjustment. The Indiana Board held a hearing on Kooshtard's Form 131 on August 19, 2004. On November 12, 2004, the Indiana Board issued its final determination in which it denied Kooshtard's request for relief. Kooshtard filed an original tax appeal on December 17, 2004. The Court heard the parties' oral arguments on August 5, 2005. Additional facts will be supplied as 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;

2

(2)

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.

(3)

(4) (5)

IND. CODE ANN.

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