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Wednesday, September 07, 2016

Ind. Decisions - Tax Court issues first "big box/dark box" assessment appeal; this is big

In Howard County Assessor v. Kohl's Indiana LP, an 11-page opinion, Judge Wentworth writes:

On December 31, 2014, the Indiana Board of Tax Review issued a final determination valuing the Kohl’s store in Kokomo, Indiana for purposes of the 2010, 2011, and 2012 assessments. The Howard County Assessor has challenged that final determination, but the Court affirms. * * *

On appeal, the Assessor asserts that the Indiana Board’s final determination must be reversed. In advancing that assertion, the Assessor has not argued that the Indiana Board erred when it determined that

  1. properties like the subject property frequently trade in the market for a general retail use,
  2. the subject property’s current use was its highest and best use, or
  3. she had not demonstrated that the subject property was a special purpose property.
Rather, the Assessor argues that the Indiana Board’s final determination must be reversed because the Meijer, Trimas Fasteners, and Millenium cases upon which it relied were wrongly decided. * * *

On appeal, the Assessor has done nothing more than express her disagreement with the Court’s decisions in the Meijer, Trimas Fasteners, and Millenium cases. The Court, however, does not believe it “got it wrong” and therefore continues to stand by those decisions.


For the foregoing reasons, the Indiana Board’s final determination in this matter is AFFIRMED.

ILB: For background, start with this July 4, 2016 ILB post on the oral argument. The ILB has had a number of posts on the appraisal/assessment of big box stores.

Posted by Marcia Oddi on September 7, 2016 05:35 PM
Posted to Ind. Tax Ct. Decisions