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ATTORNEY FOR PETITIONER: MARILYN S. MEIGHEN MEIGHEN & ASSOCIATES, P.C. Carmel, IN

ATTORNEYS FOR RESPONDENTS: STEVE CARTER ATTORNEY GENERAL OF INDIANA Indianapolis, IN ROBERT B. WENTE DEPUTY ATTORNEY GENERAL Indianapolis, IN

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IN THE INDIANA TAX COURT
WESTSIDE RACEWAY, INC., ) ) Petitioner, ) ) v. ) Cause No. 49T10-0302-TA-11 ) MARION COUNTY PROPERTY TAX ) ASSESSMENT BOARD OF APPEALS and ) ASSESSOR OF WAYNE TOWNSHIP, ) MARION COUNTY, ) ) Respondents. ) ) ______________________________________________________________________ ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW NOT FOR PUBLICATION April 25, 2006 FISHER, J. Westside Raceway, Inc. (Westside) appeals the final determination of the Indiana Board of Tax Review (Indiana Board) denying it a 95% obsolescence adjustment for the 2001 tax year (year at issue). The issue for the Court to decide is whether the Indiana Board erred in denying the requested adjustment. The Court AFFIRMS the Indiana Board's final determination for the following reasons.

FACTS AND PROCEDURAL HISTORY Westside owns a multi-recreational facility located at 6430 West 37th Street (near the intersection of 37th Street and High School Road) in Marion County, Indiana. The subject property, which was constructed in 1997, consists of the following: three go-cart racetracks; six batting cages; a 3,956 square foot arcade building; a 4,320 square foot pole-barn type garage for the go-carts; and a 400 square foot maintenance garage. For the year at issue, the Wayne Township Assessor (Assessor) valued the subject property at $521,500 ($144,200 for the land and $377,300 for the improvements). Believing this value to be too high, Westside appealed to the Marion County Property Tax Assessment Board of Appeals (PTABOA) requesting a 40% obsolescence adjustment. The PTABOA, however, denied Westside's request for relief. Westside subsequently filed a Petition for Review of Assessment (Form 131) with the Indiana Board, arguing, among other things, that its property was entitled to a 95% obsolescence adjustment. The Indiana Board held an administrative hearing on

October 17, 2002 and issued its final determination denying Westside's petition on January 6, 2003. Westside initiated an original tax appeal on February 18, 2003. The Court heard the parties' oral arguments on February 5, 2004. Additional facts will be supplied as necessary. ANALYSIS AND OPINION Standard of Review This Court gives great deference to final determinations of the Indiana Board. Wittenberg Lutheran Vill. Endowment Corp. v. Lake County Prop. Tax Assessment Bd.

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of Appeals, 782 N.E.2d 483, 486 (Ind. Tax Ct. 2003), 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.

(2) (3)

(4) (5)

IND. CODE ANN.

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