DocketNumber: No. CV 93-0069000 S
Judges: SPALLONE, STATE TRIAL REFEREE.
Filed Date: 1/16/1996
Status: Non-Precedential
Modified Date: 4/17/2021
After a full hearing the parties present or represented by counsel based upon a preponderance of the credible relevant and legally admissible evidence, the court finds, determines and rules as follows: CT Page 1178
On or about October 1, 1992, the plaintiff Robert K. Eliason, was the owner of certain premises known as 85 Spellman Point, East Hampton, Connecticut.
On October 1, 1992, said property was valued by the Town Assessor at a Fair Market Value of $229,900.00, including land and improvements.
The plaintiff's appealed to the Board of Tax Review, which board, by decision dated March 26, 1993, notified the applicant that they did not change the valuations. This appeal followed.
At trial, the plaintiff's expert appraiser, R.A. Pfeifer, Jr., utilizing the comparable sales approach valued the real property subject to this appeal, at a Fair Market Value of $190,000.00 land and improvements.
The defendant's Town Assessor testified that she found the Fair Market Value of the subject property at $229,900.00, land and improvements.
In valuating property, the trial court is charged with the duty of making an independent valuation of the property involved.E F Realty Co. v. Commissioner of Transportation,
Applying the aforesaid law to the facts and circumstances of this case the court finds the true and actual value of the property, subject to this appeal, as of October 1, 1992 to be, land at $126,900.00, dwelling at $83,000.00 for a total of CT Page 1179 $209,900.00, which assessed at 70% of value totals $146,930.00, and it is ordered that the Board of Tax Review correct the assessment against the plaintiff on the Grand Lists of October 1, 1992, October 1, 1993, October 1, 1994, and October 1, 1995, and, if necessary, to refund any excess taxes paid by the plaintiff.
Accordingly, judgment may enter for the plaintiff, sustaining the appeal, plus costs of suit.
SPALLONE STATE TRIAL REFEREE