State Tax Commission of Missouri
|ST. LOUIS NORTH JOINT VENTURE||)||Appeal No. 11-13109|
|FLOWER VALLEY, LLC.||)||11-13119|
|12667 NEW VALLEY, LLC||)||11-13125|
|JOHN C. CROCKER||)||11-13129|
|KEEVEN DEVELOPMENT, LLC||)||11-13133|
|DUNWOOD DEVELOPMENT CO||)||11-13148|
|DUNWOOD DEVELOPMENT CO||)||11-13149|
|FRENCH QUARTER, LLC||)||11-13153|
DECISION AND ORDER
St. Louis County Board of Equalization’s assessment SET ASIDE.
True value in money and assessed value for the subject properties for tax years 2011-2012 is set as follows:
|Appeal No.||True Value||Assessed Value|
Complainant appeared by counsel, James Gamble. Respondent appeared by Attorney Edward Corrigan.
Case heard and decided by Senior Hearing Officer Luann Johnson.
Complainant appeals, on the grounds of overvaluation, the decision of the County. The following Decision and Order is entered.
FINDINGS OF FACT
- Jurisdiction. Jurisdiction over the appeals is proper. Complainant timely appealed to the State Tax Commission from the decision of the County Board of Equalization.
- Procedure. The Complainant submitted an appraisal report and written direct testimony of the appraiser. The Respondent conceded to the value set forth in the Complainant’s exhibits.
- The true value of the property as determined by the Board of Equalization is set aside and the value as proferred by the Complainant and conceded by Respondent is found to be substantial and persuasive.
CONCLUSIONS OF LAW AND DECISION
The Commission has jurisdiction to hear this appeal and correct any assessment which is shown to be unlawful, unfair, arbitrary or capricious. The Hearing Officer shall issue a decision and order affirming, modifying or reversing the determination of the board of equalization, and correcting any assessment which is unlawful, unfair, improper, arbitrary, or capricious. Article X, Section 14, Mo. Const. of 1945; Sections 138.430, 138.431, 138.431.4, RSMo.
Basis of Assessment
The Constitution mandates that real property and tangible personal property be assessed at its value or such percentage of its value as may be fixed by law for each class and for each subclass. Article X, Sections 4(a) and 4(b), Mo. Const. of 1945 The constitutional mandate is to find the true value in money for the property under appeal. By statute real and tangible personal property is assessed at set percentages of true value in money. Section 137.115.5, RSMo
Issuance of Decision Absent Evidentiary Hearing
The Hearing Officer, after affording the parties reasonable opportunity for fair hearing, shall issue a decision and order affirming, modifying or reversing the determination of the board of equalization, correcting any assessment which is unlawful, unfair, improper, arbitrary or capricious. Section 138.431.5 RSMo; 12 CSR 30-3.080 (2) The filing of exhibits and written direct testimony establishes the basis upon which opportunity for an evidentiary hearing can be held. The Complainant has the burden to present substantial and persuasive evidence. The Respondent conceded to the opinion of value.
The assessed valuation for the subject properties as determined by the Board of Equalization for St. Louis County for the subject tax day is SET ASIDE. The assessed value for the subject properties for tax years 2011 and 2012 is set at:
|Appeal No.||Assessed Value|
Application for Review
A party may file with the Commission an application for review of this decision within thirty days of the mailing date set forth in the Certificate of Service for this Decision. The application shall contain specific facts or law as grounds upon which it is claimed the decision is erroneous. Said application must be in writing addressed to the State Tax Commission of
Missouri, P.O. Box 146, Jefferson City, MO 65102-0146, and a copy of said application must be sent to each person at the address listed below in the certificate of service.
Failure to state specific facts or law upon which the application for review is based will result in summary denial. Section 138.432, RSMo.
Any Finding of Fact which is a Conclusion of Law or Decision shall be so deemed. Any Decision which is a Finding of Fact or Conclusion of Law shall be so deemed.
SO ORDERED May 29, 2015.
STATE TAX COMMISSION OF MISSOURI
Certificate of Service
I hereby certify that a copy of the foregoing has been sent electronically or mailed postage prepaid this 29th day of May, 2015, to: Complainants(s) counsel and/or Complainant, the county Assessor and/or Counsel for Respondent and county Collector.