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ATTORNEYS FOR PETITIONER: THEODORE A. FITZGERALD BRIAN E. LESS PETRY, FITZGERALD & LESS, P.C. Hebron, IN

ATTORNEYS FOR RESPONDENT: STEVE CARTER ATTORNEY GENERAL OF INDIANA JENNIFER E. GAUGER MATTHEW R. NICHOLSON JOHN D. SNETHEN DEPUTY ATTORNEYS GENERAL Indianapolis, IN ATTORNEYS FOR AMICI CURIAE: JEFFREY T. BENNETT BRADLEY D. HASLER BINGHAM McHALE, LLP Indianapolis, IN

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IN THE INDIANA TAX COURT
_____________________________________________________________________ LAKES OF THE FOUR SEASONS ) PROPERTY OWNERS' ASSOCIATION, INC., ) ) Petitioner, ) ) v. ) Cause No. 49T10-0606-TA-61 ) DEPARTMENT OF LOCAL ) GOVERNMENT FINANCE, ) ) Respondent. ) ______________________________________________________________________ ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW FOR PUBLICATION October 29, 2007 FISHER, J. Lakes of the Four Seasons Property Owners' Association, Inc. (LOFS) appeals the final determination of the Indiana Board of Tax Review (Indiana Board) valuing its

real property for the 2002 assessment year (the year at issue). The issue on appeal is whether the Indiana Board erred in upholding the Department of Local Government Finance's (DLGF) assessment of LOFS' streets at $650.00 per acre. FACTS AND PROCEDURAL HISTORY Lakes of the Four Seasons is a private, gated community in Lake County, Indiana. 1 The community contains approximately 2,500 residences and 26 miles (107.6 acres) of streets. LOFS owns and maintains all the streets within the community. For the 2002 assessment, the DLGF valued LOFS' streets at $70,290. 2 In

arriving at this value, the DLGF utilized the applicable Neighborhood Valuation Form, which provided that the land should be assessed at a base rate of $6,534.00 per acre. The DLGF then applied a negative influence factor of 90% for a per acre assessment of approximately $650.00. LOFS subsequently filed a Petition for Review with the Indiana Board (Form 139L), alleging that its streets should have been valued at zero because they were so encumbered by easements and restrictions that they had no value. The Indiana Board held a hearing on LOFS' Form 139L on October 4, 2005. On May 15, 2006, the Indiana Board issued a final determination denying LOFS' request for relief. determination, the Indiana Board stated that In its final

Part of the community also lies in Porter County, Indiana. The Porter County portion of the community is not, however, at issue in this case. LOFS' total land assessment for the year at issue was $113,900

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