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ATTORNEYS FOR PETITIONER: ATTORNEYS FOR RESPONDENTS: STEPHEN H. PAUL GREGORY F. ZOELLER JON B. LARAMORE ATTORNEY GENERAL OF INDIANA BRENT A. AUBERRY JENNIFER E. GAUGER BAKER & DANIELS LLP DEPUTY ATTORNEY GENERAL Indianapolis, IN Indianapolis, IN _____________________________________________________________________

_____________________________________________________________________ CLERK
of the supreme court, court of appeals and tax court

IN THE INDIANA TAX COURT

FILED

Mar 26 2010, 2:33 pm

) MEIJER STORES LIMITED ) PARTNERSHIP, ) ) Petitioner, ) ) v. ) Cause No. 49T10-0609-TA-89 ) BETTY SMITH, WAYNE TOWNSHIP ) ASSESSOR, MICHAEL STATZER, ) WAYNE COUNTY ASSESSOR, and ) WAYNE COUNTY PROPERTY TAX ) ASSESSMENT BOARD OF APPEALS, ) ) Respondents. ) _____________________________________________________________________ ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW FOR PUBLICATION March 26, 2010 FISHER, J. On August 16, 2006, the Indiana Board of Tax Review (Indiana Board) issued a final determination valuing the real property of Meijer Stores Limited Partnership (Meijer) for the 2002, 2003, and 2005 tax years (the years at issue). challenges that final determination. Meijer now

RELEVANT FACTS AND PROCEDURAL HISTORY At some point during 2000, Meijer opened a 158,114 square foot discount retail store/supermarket (i.e., a Meijer store) in Richmond, Indiana. The store and its adjacent parking lot were situated on approximately 26 acres of land. After receiving its assessments for the years at issue, Meijer timely filed Petitions for Review (Form 130s) with the Wayne County Property Tax Assessment Board of Appeals (PTABOA) because it believed its assessments were too high. The PTABOA subsequently valued Meijer's property as follows: for the 2002 tax year $10,954,800 ($4,347,700 for land and $6,607,100 for improvements); for the 2003 tax year $12,420,400 ($5,813,300 for land and $6,607,100 for improvements); and for the 2005 tax year $12,132,000 ($5,524,900 for land and $6,607,100 for improvements). Thereafter, Meijer timely filed Petitions for Review (Form 131s) with the Indiana Board. The Indiana Board held a hearing on the Form 131s on March 16, 2006. During the hearing, Meijer presented an appraisal to show that the market value-in-use of its property was only $6,300,000 during the years at issue.1 (See Cert. Admin. R. at 232313 (footnote added).) The appraisal, which was prepared by Lawrence A. Mitchell, an MAI appraiser,2 was completed in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and employed the cost approach, the income

In Indiana, real property is assessed on the basis of its "market value-in-use." See IND. CODE ANN.

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