Board of Supervisors v. HCA Health Service of Virginia, Inc.

535 S.E.2d 163, 260 Va. 317, 2000 Va. LEXIS 121
CourtSupreme Court of Virginia
DecidedSeptember 15, 2000
DocketRecord 992459
StatusPublished
Cited by17 cases

This text of 535 S.E.2d 163 (Board of Supervisors v. HCA Health Service of Virginia, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Supervisors v. HCA Health Service of Virginia, Inc., 535 S.E.2d 163, 260 Va. 317, 2000 Va. LEXIS 121 (Va. 2000).

Opinion

JUSTICE KEENAN

delivered the opinion of the Court.

In this appeal, we consider whether the trial court erred: (1) in holding that the Board of Supervisors of Fairfax County (the Board) committed manifest error in making certain real estate tax assessments of a hospital property; and (2) in correcting the assessments under the evidence presented.

HCA Health Services of Virginia, Inc. (HCA) filed a petition in the trial court under Code § 58.1-3984 alleging that the Board erroneously assessed its property, known as Reston Hospital (the hospital), in 1991, and in 1993 through 1996. 1 The Board assessed the value of the hospital property in those years in a range between about $22,340,000 and $26,770,000. HCA alleged, among other things, that the assessments exceeded the property’s fair market value, which HCA contended was $12,500,000 in each of the five years at issue. HCA and the Board agreed at trial on the value of the land on which the hospital was constructed but disagreed on the value of the improvements to the land.

The hospital is a 127-bed facility situated on 14.3 acres in Fairfax County (the County) and contains 126,400 square feet of floor space. The hospital was built in 1986 at a cost of $13,841,049, or $115.82 per square foot. The hospital building was expanded in 1989 and 1991. Between 1990 and 1996, the hospital’s net revenues increased *321 each year, from about $43.5 million in 1990 to about $72 million in 1996. The hospital is the only general hospital operating in the County that is not tax-exempt.

In response to HCA’s petition, the Board filed a plea in bar, asserting that HCA’s cause of action on the 1991 assessment was barred by the limitation period of Code § 58.1-3984. In an amendment to the statute effective July 1, 1991, the limitation period for challenging real estate tax assessments was reduced from five years to three years. 2 HCA filed the subject petition challenging the 1991 assessment in the trial court in December 1996. 3 The Board argued that the three-year limitation period applied because HCA’s cause of action on the 1991 assessment arose in July 1991 when the taxes were due and paid.

HCA asserted that the July 1991 amendment to Code § 58.1-3984 did not apply to its claim regarding the 1991 assessment, because the five-year limitation period was in effect on the date of the assessment, January 1, 1991. The trial court agreed with HCA, ruling that the “injury occurs at the time of the assessment” and, thus, that the five-year statute of limitation applied.

At a bench trial, the evidence showed that for the years at issue, the County’s real estate appraisers used the depreciated reproduction cost approach to valuation to determine the fair market value of the hospital property. They did not use either of two other common methods of valuing real estate, the sales comparison approach and the income capitalization approach.

In applying the depreciated reproduction cost method of valuation, the County’s appraisers used guidelines contained in a manual developed by the Marshall Valuation Service (the Marshall manual). These guidelines incorporate cost data routinely used by real estate appraisers. See Appraisal Institute, The Appraisal of Real Estate 350-51 (11th ed. 1996). The Marshall manual uses five general building classifications, which are termed Classes A, B, C, D, and S, based on a building’s structural composition. Within each general building classification, the Marshall manual provides for the further classification of buildings as “excellent,” “good,” “average,” and “low cost,” based on the quality of construction, and assigns a base cost per square foot for each of these classifications.

*322 In each year at issue, the County appraisers classified the hospital using the Marshall manual’s classification system. The appraisers adjusted the base cost per square foot stated in the Marshall manual to reflect such factors as the number of floors in the building, recent changes in construction costs, and variations in construction costs based on location. The appraisers multiplied the adjusted cost per square foot, or reproduction cost, by the number of square feet in the hospital to determine the “base building cost.”

After consulting the depreciation table in the Marshall manual, the County appraisers deducted a percentage from the “base building cost” for depreciation, based on the age of the building and the appraisers’ estimation of its expected life. The building depreciation percentages listed in the Marshall manual reflect typical physical depreciation as well as functional obsolescence, which represents any loss in value arising from a building’s lack of utility or desirability. The appraisers limited their deduction for functional obsolescence to the percentages listed in the Marshall manual and they did not make any deductions for external obsolescence, which represents any loss in value resulting from causes unrelated to the subject property. The appraisers applied depreciation deductions ranging from 1% to 5% in the years at issue to arrive at the depreciated reproduction cost of the building.

For 1991, the County’s appraiser, Walter Girod, rated the hospital building as “Class B - Excellent,” and multiplied the building’s square footage by a reproduction cost of $175 per square foot. Girod then applied a 1% depreciation reduction and concluded that the value of the improvements to the land was $19,089,015. 4 When the land value was included, the total assessed value of the property in 1991 was $23,657,420.

Girod testified that there are several sources of information for determining the actual construction costs of a hospital. He stated that these costs are an important consideration in assessing the value of a property, but acknowledged that he could not remember whether he considered actual construction costs when performing the 1991 appraisal. Girod also testified that he did not consider any trends or changing conditions affecting the health care industry in making his appraisal.

*323 David Williams performed the 1993 and 1994 appraisals for the County. In 1993, Williams assigned a “Class A - Good” rating to the hospital building. His use of this rating resulted in a reproduction cost calculation of $166 per square foot, to which he applied a 2% depreciation deduction. Williams testified that since the hospital was continuing to expand, he made no additional allowance for obsolescence. In 1993, he concluded that the value of the improvements to the land was $18,756,475, and that the total value of the property was $23,432,985.

Williams testified that at the time he made the 1993 assessment, he “was not aware of” the hospital’s actual construction costs. He did not attempt to obtain this information from HCA and did not investigate whether there was external obsolescence or any other market factor affecting the value of the hospital.

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Bluebook (online)
535 S.E.2d 163, 260 Va. 317, 2000 Va. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-supervisors-v-hca-health-service-of-virginia-inc-va-2000.