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ATTORNEYS FOR PETITIONERS: BETH H. HENKEL ATTORNEY AT LAW Indianapolis, IN

ATTORNEYS FOR RESPONDENT: THOMAS M. ATHERTON DAVID A. SUESS BOSE McKINNEY & EVANS LLP Indianapolis, IN

ROBERT J. SHUCKIT ATTORNEY AT LAW Indianapolis, IN _____________________________________________________________________

FILED
of the supreme court, court of appeals and tax court

CLERK _____________________________________________________________________
SUE ANN STINSON, in her official capacity as the WASHINGTON TOWNSHIP ASSESSOR, CLINTON COUNTY, and DANA MYERS, in her official capacity as the SECRETARY OF THE CLINTON COUNTY PROPERTY TAX ASSESSMENT BOARD OF APPEALS, ) ) ) ) ) ) ) ) Petitioners, ) ) v. ) Cause No. 49T10-0702-TA-4 ) TRIMAS FASTENERS, INC., ) ) Respondent. ) ______________________________________________________________________ ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW FOR PUBLICATION March 26, 2010 FISHER, J. Sue Ann Stinson, in her official capacity as the Washington Township Assessor, Clinton County, and Dana Myers, in her official capacity as the Secretary of the Clinton County Property Tax Assessment Board of Appeals (collectively, the Assessor)

IN THE INDIANA TAX COURT

Mar 26 2010, 3:07 pm

challenge the final determination of the Indiana Board of Tax Review (Indiana Board) valuing the real property of Trimas Fasteners, Inc. (Trimas) for the 2002 assessment. The issue for the Court to decide is whether the Indiana Boards final determination was improper. RELEVANT FACTS AND PROCEDURAL HISTORY In 2002, Trimas owned and occupied a 200,000 square foot manufacturing facility in Frankfort, Indiana. The facility, constructed in the mid 1990s, was situated on approximately 44 acres of land. For the 2002 assessment, the Assessor valued Trimass property at $7,762,600. Believing that value to be too high, Trimas filed an appeal with the Clinton County Property Tax Assessment Board of Appeals (PTABOA). The PTABOA reduced the assessment to $7,212,300. Still believing its assessment to be too high, Trimas filed an appeal with the Indiana Board. On May 24, 2006, the Indiana Board conducted an administrative hearing on the matter. During the hearing, Trimas presented an appraisal, along with the testimony of its preparer, Mr. Lawrence Mitchell, a certified member of the Appraisal Institute (MAI). Mitchells appraisal, completed in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) estimated that, on January 1, 1999, the

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market value-in-use of Trimass property was $2,960,000.1,2 In contrast, the Assessor presented an appraisal, along with the testimony of its preparer, Mr. Edward Helmer. Helmers appraisal estimated that, on March 1, 2002, the market value-in-use of Trimass property was $8,000,000. The Assessor also presented a copy of an

appraisal, which had been prepared by Integra Realty Resources (Integra) for National City Bank, which estimated that, on July 31, 2003, the market value-in-use of Trimass property was $8,100,000. On January 3, 2007, the Indiana Board issued a final determination in the matter. In reviewing the competing appraisals, the Indiana Board found Mitchells appraisal to be more probative than the Integra or Helmer appraisals because it was USPAP and it valued the property as of the proper valuation date of January 1, 1999. ( See Cert. Admin. R. at 104

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Indiana Law