Sunday, November 17, 2013

A “SPECIAL PURPOSE PROPERTY” RECEIVED A VERY SPECIAL TAX BREAK.





This post is a follow up to:


I just listened to Judge Andresini's ruling, looking for the big explanation.  I couldn’t find it.

The judge is a fast talker and most of his ruling was a summary of what was presented by both sides.  His final decision was abrupt. The ruling lacked substance and adequate evidence.  His new assessment figures were not based on any scientific method. 

The judge’s own recap showed that Lodi had a stronger case than Pinto.  In Lodi’s defense were eight comparables, expert appreciation numbers with explanation, and the fact that the burden of proof remains with the taxpayer.

Pinto’s case was lacking.  There was the constant use of the phrase “special purpose property” to make the argument that comparables should not be used.  The property is so special, it’s hard to compare it to another.

It was mentioned in passing that IF the business use of the property was changed and IF capital improvement didn’t take place, the building could be used as a warehouse.  The ruling did not change the classification of the business use to warehouse.  The ruling fully acknowledged that it is transfer station.

Judge Andresini’s decision should be revisited, appealed, and overturned. 

The Lodi council never made this ruling public and they never appealed it.  In fact, they rewarded Pinto even more after it. 

This is no way to run a State Tax Court.  This is no way to run Lodi.