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No. 11- 0590 - Century Aluminum of West Virginia, Inc. v. Jackson County Commission, et al.

FILED May 29, 2012
released at 3:00 p.m.
RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

Ketchum, C.J., dissenting:

I respectfully dissent because the Tax Commissioner did not follow his own appraisal regulations and policies. Specifically, the Commissioner did not: (1) properly consider the element of depreciation called "obsolescence" when valuing Century's inventory, and (2) arbitrarily placed a 50% cap on obsolescence when valuing Century's machinery and equipment. As a result, the Commissioner did not arrive at the property's "true and actual value" as required by W.Va. Code, 11-3-1.

The regulations governing the valuation of commercial and industrial real and personal property for ad valorem tax purposes are found in CSR

Download 11-0590-1.pdf

West Virginia Law