City of Troy v. Town of Pittstown

306 A.D.2d 718, 762 N.Y.S.2d 651, 2003 N.Y. App. Div. LEXIS 7157
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 19, 2003
StatusPublished
Cited by20 cases

This text of 306 A.D.2d 718 (City of Troy v. Town of Pittstown) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Troy v. Town of Pittstown, 306 A.D.2d 718, 762 N.Y.S.2d 651, 2003 N.Y. App. Div. LEXIS 7157 (N.Y. Ct. App. 2003).

Opinion

—Spain, J.

Appeal from an order of the Supreme Court (Canfield, J.), entered March 28, 2002 in Rensselaer County, which granted petitioner’s applications, in three proceedings pursuant to RPTL article 7, to reduce tax assessments on certain real property owned by petitioner.

Pursuant to RPTL article 7, petitioner City of Troy commenced proceedings to reduce its 1996, 1997 and 1998 real property tax assessments on approximately 2,800 acres of property located in the Town of Pittstown, Rensselaer County. The property, known as the Tomhannock Reservoir, is petitioner’s major water source, as well as a source of revenue derived from water sales to other municipalities, and is comprised of five separately designated tax parcels. Following a trial, Supreme Court found that respondents Town of Pittstown, [719]*719Town Assessor of the Town of Pittstown and Board of Assessment Review of the Town of Pittstown (hereinafter collectively referred to as respondents) had overassessed petitioner’s property for all the years in question and, with some modification, adopted petitioner’s valuation figures.1 Respondents appeal, and we now affirm.

As an initial matter, we reject respondents’ assertion that Supreme Court erred in accepting the qualifications of George Sansoucy, a New Hampshire licensed engineer retained by petitioner to give expert testimony concerning the cost of reproducing the dam and other improvements on the subject property. Respondents rely on our decision in Matter of Niagara Mohawk Power Corp. v City of Cohoes Bd. of Assessors (280 AD2d 724 [2001], lv denied 96 NY2d 719 [2001]) as establishing that Sansoucy lacked qualified expertise to testify in this matter. In that case Supreme Court found Sansoucy unqualified to testify as an expert appraiser of real property. On appeal, we merely held that, on the record before us, Supreme Court had not abused its discretion in rejecting Sansoucy’s testimony as a real estate appraiser, and specifically noted that Supreme Court had not found him unqualified to testify as an engineer (id. at 726-727). Here, petitioner employed a separate, qualified land appraiser and relied on Sansoucy’s testimony only to establish the reproduction cost and depreciation of the improvements. “Key to calculating value using the reproduction cost method is a working knowledge of current construction costs and methods and the ability to perform a detailed analysis of the structure being appraised” (Matter of Guilderland Ctr. Nursing Home v Town of Guilderland Bd. of Assessment Review, 195 AD2d 902, 903 [1993]; see Matter of Lia v Town of Niskayuna, 300 AD2d 876, 878 [2002]; Matter of Fistraw-Del Holding Corp. v Assessor for Town of Colonie, 235 AD2d 660, 662 [1997]). The record amply supports Supreme Court’s conclusion that Sansoucy — a licensed engineer with experience in the construction, operation and valuation of hydroelectric facilities including dams and reservoirs — had sufficient expertise to qualify him to testify as an engineer expert witness and render an opinion regarding reproduction cost and depreciation (cf. Matter of Tennessee Gas Pipeline Co. v Town [720]*720of Sharon Bd. of Assessors, 298 AD2d 758, 759 [2002], lv denied 99 NY2d 506 [2003]).

We begin our analysis of respondents’ substantive challenges to Supreme Court’s decision with the proposition that “a locality’s tax assessment is presumptively valid [but] a petitioner may overcome that presumption by bringing forth substantial evidence that its property has been overvalued” (Matter of Niagara Mohawk Power Corp. v Assessor of Town of Geddes, 92 NY2d 192, 196 [1998] [citation omitted]). “In the context of tax assessment cases, the ‘substantial evidence’ standard merely requires that petitioner demonstrate the existence of a valid and credible dispute regarding valuation” (Matter of FMC Corp. v Unmack, 92 NY2d 179, 188 [1998]). Where a petitioner successfully rebuts the presumed validity of the assessment, “a court must weigh the entire record, including evidence of claimed deficiencies in the assessment, to determine whether petitioner has established by a preponderance of the evidence that its property has been overvalued” (id. at 188). On appeal, this Court is constrained to defer to Supreme Court’s decision “unless such finding is based upon [an] erroneous theory of law or [an] erroneous ruling in the admission or exclusion of evidence, or unless it appears that the court * * * has failed to give to conflicting, evidence the relative weight which it should have and thus has arrived at a value which is excessive or inadequate” (Matter of City of New York [Newtown Cr.], 284 NY 493, 497 [1940]; see Matter of Niagara Mohawk Power Corp. v City of Cohoes Bd. of Assessors, supra at 726).

At trial, petitioner relied on the testimony of William Hafner, a real estate appraiser retained to value the five parcels which are the subject of these challenges. Using the market data method to appraise the land and identifying four comparable properties to the subject parcels, Hafner valued the subject land for each year at issue at $2,099,000. Sansoucy then testified for petitioner, valuing the improvements to the property, including a dam, intake structure and some 2,400 feet of underground tunnel using the reproduction cost new less depreciation methodology and concluding that the total values for the subject improvements after applicable depreciation amounts are deducted are $3,969,101 (1996), $4,023,173 (1997) and $4,076,064 (1998). These land and improvement valuation figures are roughly half of those found in respondents’ appraisals. Thus, petitioner met its burden of establishing the existence of a “valid and credible dispute regarding valuation,” overcoming the presumption that the assessments are valid (Matter of FMC Corp. v Unmack, supra at 188; see Matter of Lia v Town of Niskayuna, supra at 877).

[721]*721We turn, therefore, to the question of whether Supreme Court’s finding that petitioner established overvaluation by a preponderance of the evidence is against the weight of the evidence (see Matter of Lia v Town of Niskayuna, supra). Respondents assert that Supreme Court erred in accepting petitioner’s estimate of the dam’s useful life. Competing evidence at trial placed the dam’s useful life at between 150 to over 300 years. Noting some inconsistency in respondents’ expert’s position on this fact, Supreme Court adopted petitioner’s position that the dam has a useful life of 200 years, and we see no abuse of discretion in Supreme Court’s decision to resolve the difference in expert opinion in favor of petitioner (see Matter of Adirondack Hydro Dev. Corp. [Warrensburg Bd. & Paper Corp.], 205 AD2d 925, 926 [1994]).

Respondents also contend that the reconstruction cost estimates relied upon by petitioner are methodologically unsound, finding fault with, among other things, the fact that petitioner’s land appraiser and engineer prepared mutually exclusive reports. We reject this contention. “There is no prohibition on separate valuations of land and improvements” (Matter of Niagara Mohawk Power Corp. v Assessor of Town of Minetto, 221 AD2d 910, 911-912 [1995]) and, here, the record demonstrates that the experts coordinated their work to some extent, i.e., Sansoucy accompanied Hafner on excursions to comparable properties to determine which would be suitable for development as a reservoir (see Matter of Lehigh Portland Cement Co. v Assessor of Town of Catskill, 263 AD2d 558, 559 [1999]).

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Bluebook (online)
306 A.D.2d 718, 762 N.Y.S.2d 651, 2003 N.Y. App. Div. LEXIS 7157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-troy-v-town-of-pittstown-nyappdiv-2003.