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IN THE OREGON TAX COURT
MAGISTRATE DIVISION
Property Tax

VILLAGE AT MAIN ST PH3 LLC,

  
) ) ) ) ) ) ) ) )
  
  

  Plaintiff,
  
  
TC-MD 090679D


v.

CLACKAMAS COUNTY ASSESSOR,

  
  
  
DECISION

  Defendant.
  
  



Plaintiff appeals the 2008-09 real market value of improvements identified as Account 05003168 (Tax Lot 3600).
A trial was held in the Oregon Tax Courtroom, Salem, Oregon, on August 29, 2011, and August 31, 2011.  Donald Grim, Attorney at Law, appeared on behalf of Plaintiff.  Sonya Johnson (Johnson), Plaintiff.s Controller and John Taylor (Taylor), broker and certified appraiser, testified on behalf of Plaintiff.  Kathleen Rastetter, Senior County Counsel, appeared on behalf of Defendant.  Cheryl Gordon (Gordon), MAI, Oregon and Washington certified general appraiser and Clackamas County Staff Appraiser, testified on behalf of Defendant.  Parties stipulate that Taylor and Gordon are expert witnesses.
Plaintiff.s Exhibits 1, 2, 3, and 8 through 13 were received without objection.  Defendant.s Exhibits A through K were received without objection.
Defendant.s Trial Memorandum, filed August 26, 2011, included a motion in limine.  Because Plaintiff did not offer into evidence the exhibits that were the subject of Defendant.s motion in limine, Defendant.s motion in limine is moot.  
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I.  STATEMENT OF FACTS
The trial for the above-entitled matter was held at the same time as a related matter, Village at Main Street v. Clackamas County Assessor, TC-MD 070501D (Control).  Relevant facts for the above-entitled matter can be found in TC-MD 070501D.  For the 2008-09 tax year, Plaintiff presented no evidence or testimony; Plaintiff.s evidence and testimony set forth in  
TC-MD 070501D is for tax year 2006-07.
On behalf of Defendant, Gordon testified, stating that her determination of value was based on three approaches to valuation.  
A. Cost Approach
Gordon.s cost approach was set forth in TC-MD 070501D.   For tax year 2008-09, Gordon concluded $18,018,000 for improvements.  (Def.s Ex A-54.)  
B. Comparable Sales Approach

1. Price per unit

  Gordon testified that she selected six comparable properties and two of her comparable properties (Sale #2, Courtland Village located in Hillsboro, Oregon, and Sale #6, Town Center Park Apartments, Wilsonville, Oregon) were the same as Taylor.s comparable properties identified as Sale #5 and Sale #4, respectively.  (Def.s Ex A-73,74.)  Both Gordon and Taylor computed the same sale price per unit for Town Center Park Apartments ($83,784), but a different sale price per unit for Courtland Village ($86,806 compared to $131,944).  
(Ptf.s Ex 2-18; Def.s Ex A-79.)  For Courtland Village, Taylor relied on the September 2005 sale and Gordon relied on the November 2007 sale.  (Ptf.s Ex 2-18; Def.s Ex A-72.)  The unit size of Gordon.s six comparable properties ranged from 111 units to 390 units, resulting in a range of sale price per unit of $71,282 to $120,833.  (Def.s Ex A-72, 74.)  Gordon testified that she
selected comparable properties that were most similar in size,

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