Breault v. Town of Jericho

586 A.2d 1153, 155 Vt. 565, 1991 Vt. LEXIS 3
CourtSupreme Court of Vermont
DecidedJanuary 11, 1991
Docket88-172
StatusPublished
Cited by8 cases

This text of 586 A.2d 1153 (Breault v. Town of Jericho) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Breault v. Town of Jericho, 586 A.2d 1153, 155 Vt. 565, 1991 Vt. LEXIS 3 (Vt. 1991).

Opinion

Dooley, J.

The Town of Jericho appeals from a decision of the State Board of Appraisers (Board) reducing the listed value of taxpayers’ residence in Jericho because of “economic obsolescence.” We affirm.

Taxpayers’ property is located on one acre of land on a paved road. The Town listers had appraised the land at $27,049 and the house at $70,250. Upon the taxpayers’ appeal to the board of civil authority (BCA), the value of the improvements was increased, bringing the total valuation to $98,700. Taxpayers appealed to the Board, which at first found an even higher total valuation than the BCA, but arrived at a final total listed value of $92,900 after reducing its own initial figure by thirteen percent for physical depreciation and eight percent for “economic obsolescence,” * and then reducing the product by an additional ten percent, which it found to be the Town equalization ratio.

The Town does not contest the physical depreciation figure or the equalization ratio. The only issue on appeal is the Town’s *567 objection to the reduction for “economic obsolescence.” This term refers to loss from the upper limit of value due to “factors external to the property.” International Ass’n of Assessing Officers, Property Assessment Valuation 171 (1977). The Vermont State Appraisal Manual prepared by the Vermont Department of Taxes defines it as “[a]ny outside influence that would adversely affect the value of the subject property,” such as an “adjacent gas station, shop or any undesirable .type of use.” Division of Property Valuation and Review, Agency of Administration, Vermont State Appraisal Manual GI-10 (1980).

The reduction for economic obsolescence was based on taxpayers’ testimony that their well suffers from salt contamination from the nearby Town salt shed and that the Town landfill is visible from their property. The representative of the Town testified that no property in the Town was adjusted for economic obsolescence because it is a “clean town.” The Board found that “the proximity of the subject to both the Town landfill and the Town salt shed constitutes an impairment in the desirability of the Breault house because of its location. Therefore, in the opinion of the Board, this situation warrants the application of a locational obsolescence factor to the subject.” The Board went on to note that it had no evidence of the effect of this factor on the sale price of properties with similar negative environmental influences. It concluded, however, that an 8% factor was appropriate.

The Town argues first that the finding that the landfill is visible from taxpayers’ property is not supported by the evidence. The taxpayers testified that it was visible before the Board, and there was no contrary evidence. Where warranted by the evidence, the Board’s finding must stand. Sondergeld v. Town of Hubbardton, 150 Vt. 565, 571, 556 A.2d 64, 68 (1988). While the Town is correct that the Board did not find that noise or odors from the landfill reached taxpayers’ property, the Board did not purport to make such finding.

The Board’s choice of the eight percent figure for economic obsolescence is more problematical. The Board was faced with a situation where a recognized adjustment to value was necessary and the Town had failed totally to make that adjustment. However, there was no evidence from comparable properties showing the impact of the locational factors on fair market *568 value. Indeed it is unlikely that such evidence would exist since the locational factors are unique to each property affected.

Both the Town and the taxpayers offered comparables, and these showed a range of values for similar properties. The Town offered evidence of three comparable properties, sold near the date of listing, in support of its listed value. Taxpayers introduced an appraisal report, valuing their property (house and land) at $80,000 as of approximately one year earlier. They also submitted evidence of the listed values of three comparable properties.

The Board accepted that the location of taxpayers’ house devalued it, approximating that devaluation at eight percent. The Board also accepted the comparables offered by the Town and stated: “This data would support a value for the subject of $109,700 without the application of a locational factor; with the application of... depreciation, a FMV of $103,200 is attained.” In support of its method, the Board found: “The neighborhoods of these comparables are more desirable than Brown Trace Road [where taxpayers’ property is located].” The listed value obtained by the Board lies within the range of the evidence and is higher than the listed value of each of the comparables offered by the taxpayers.

The evidence presented by both the taxpayers and the Town was abundant and the Board’s evaluation of the competing presentations was fully explained, unlike the myriad of cases that have come before this Court in which there has been little or no explanation of why or how the Board arrived at its decision. See id. at 570, 556 A.2d at 67 (surveying cases where Board’s decision was unsupported by adequate findings). The missing piece, if there is one, is the absence of evidence of why the locational factors cause an adjustment of precisely eight percent, as found by the Board.

We do not believe that this missing piece is fatal to the Board’s conclusion. We have said that once the Board shows that it has considered the evidence before it and has explained the reasons for its result, its decision enjoys a presumption of validity. Id. at 571, 556 A.2d at 68. It is not necessary for an administrative body or a trial court exercising discretion to explain the precise mathematics that led to a particular decision involving a sum of money. See Coty v. Ramsey Assocs., 149 Vt. *569 451, 461, 546 A.2d 196, 203 (1988) (where exact computation of tort damages is difficult, award will stand unless “grossly excessive”); Stamper v. University Apartments, Inc., 147 Vt. 552, 556, 522 A.2d 227, 229 (1986) (disability benefits upheld where testimony “reasonably supports” the percentage of disability). Once the Board has shown some basis in evidence for its valuation, the appellant bears the burden of demonstrating that the exercise of discretion was clearly erroneous. See, e.g., In re Green Mountain Power Corp., 138 Vt. 213, 215, 414 A.2d 1159, 1161 (1980); Pantasote Co. v. City of Passaic, 100 N.J. 408, 413, 495 A.2d 1308, 1310 (1985). If the decision is within the range of rationality, it must be affirmed. Department of Taxes v. TriState Industrial Laundries, Inc., 138 Vt. 292, 294, 415 A.2d 216, 218 (1980).

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Bluebook (online)
586 A.2d 1153, 155 Vt. 565, 1991 Vt. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breault-v-town-of-jericho-vt-1991.