DocketNumber: C.A. No. 90-1017, 90-3893, 91-6686
Judges: <underline>CRESTO, J.</underline>
Filed Date: 6/8/1995
Status: Precedential
Modified Date: 7/6/2016
The Woonsocket Tax Board of Assessment Review upheld the original valuation of $520,000 as of December 31, 1987 but reduced the valuation to $419,242 as of December 31, 1988 which applied equally to December 31, 1989. Plaintiff appeals to this court claiming these valuations remain above the full and fair cash value of the realty and should be reduced to the value a willing and able buyer would spend, namely $295,000.
It is conceded that plaintiff filed a timely appeal for each of the subject years. However, defendant raises as an issue that plaintiff failed to file an accounting for the December 31, 1987 assessment, which defendant alleges is required by R.I.G.L. §
Defendant also suggests that R.I.G.L. §
The issue raised by defendant as to the filing of an accounting is a matter which deserves further consideration. Defendant states that because the plaintiff did not file an account with the Woonsocket Tax Assessor's Office for December 31, 1987, 1988 or 1989, the plaintiff is barred from contesting the assessments, pursuant to R.I.G.L. §
(b) . . . [I]n case the person has not filed an account, that person shall not have the benefit of the remedy provided in this section and in §§
44-5-27 to44-5-31 , inclusive, unless (1) that person's real estate has been assessed at a value in excess of the value at which it was assessed on the last preceding assessment day, . . . and has been assessed, if assessment has been made at full and fair cash value, at a value in excess of its full and fair cash value, . . ., or (2) the tax assessed is illegal in whole or in part; and that person's remedy shall be limited to a review of the assessment on the real estate or to relief with respect to the illegal tax as the case may be.
Section
44-5-31 . Judgment where taxpayer has not filed account. — If the taxpayer has not filed an account, and if on the trial of the petition, . . ., it shall appear (1) that his or her real estate has been assessed at a value in excess of the value at which it was assessed on the last preceding assessment day, . . . and that the real estate has been assessed, if assessment has been made a full and fair cash value, at a value in excess of its full and fair cash value, . . . or (2) that the tax assessed is illegal in whole or in part, the court shall give judgment that the sum by which the taxpayer has been so overtaxed or illegally taxed, . . . .
These statutes, as all taxing statutes, must be strictly construed against the taxing authority and all doubts resolved in favor of the taxpayer. Van Alen v. Stein,
The requirement that a taxpayer file an account is designed to aid the assessors in their duty of rendering an appropriate assessment. Therefore, the Legislature has required that a taxpayer file an accounting as a condition precedent to a suit challenging an assessment. The statute is clear; the failure to file a timely account deprives this court of jurisdiction to consider the taxpayer's claim of over assessment. CIC-Newport,Associates v. Stein,
The plaintiff argues that it falls under the exception as stated in §
Although the plaintiff is precluded from arguing overtaxation for these years, plaintiff is not left without a remedy. Section
The evidence presented consisted of stipulated facts and the testimony of two real estate appraisers. Plaintiff's appraiser stated that in his professional opinion the property's full and fair value was $295,000 as of December 31, 1987. Both parties' experts used the three accepted methods of valuation: reproduction costs minus depreciation, capitalization of income and comparable sales methods.
Plaintiff's expert testified that he only used one comparable sale, the building located next door to the contested property; 1625 Diamond Hill Road, which sold on January 4, 1988 for $550,000; whereas, defendant's expert relied on a greater number of comparable sales. The building next door, both experts admit, has slightly more rental space which accounts for its higher value. Plaintiff's expert did not adequately explain why he determined that the subject property was worth more than $200,000 less than the property next door. Although both buildings are used for the same purpose, the parties' experts varied in how they classified the subject building, medical v. general office, the depreciation factor of the real estate and the rental value. This court finds that the subject property cannot be classified as fifty (50) percent medical office space as the plaintiff suggests. Although part of the subject property is used as medical offices, the subject property was not specifically designed for such use and therefore could easily accommodate various uses.
The evidence presented does not indicate that the December 31, 1987 assessment is in excess of the full and fair cash value of the property. Nor, as stated above, has it been demonstrated that the 1987 assessment was illegal. Consequently, plaintiff's appeal is denied and dismissed and the valuations assessed by the Woonsocket Tax Board of Assessment Review are affirmed.
Counsel for defendant to submit an appropriate judgment for entry.