District of Columbia v. Rose Associates

697 A.2d 1236, 1997 D.C. App. LEXIS 166, 1997 WL 414647
District of Columbia Court of Appeals·Decided July 24, 1997·No. Nos. 96-TX-40 and 96-TX-502·Published·Cited by 3 cases

Opinion

KING, Associate Judge:

These eases involve a dispute between the District of Columbia Department of Finance and Revenue (“DFR”) and Rose Associates, the owners of an office building located at 1625 K Street, N.W., over the proper valuation and real estate tax assessments for that property for tax years 1992 and 1993. The trial court ruled in favor of Rose Associates, rejecting the DFR assessments and adopting the appraisals of Rose Associates’ expert witness as the correct estimated market values of the property. Because the trial court erred in its interpretation of certain language in our opinion in Rock Creek Plaza-Woodner Ltd. Partnership v. District of Columbia, 466 A.2d 857 (D.C.1983), and because its reading of that language played a substantial role in both the trial court’s rejection of much of the District’s position and its acceptance of the testimony of the taxpayer’s expert, we must reverse and remand the cases for further proceedings.

Rose Associates brought these actions in the Superior Court alleging that the assessments at issue were incorrect and flawed because the DFR assessor erred in his application of the capitalization of income method of valuing commercial real estate.1 In partic-[1237]*1237ulav, Rose Associates claimed that the DFR assessor used flawed capitalization rates in calculating the fair market values of the property, and improperly failed to use the actual income of the property in developing estimates of the building’s net operating income. To that end, Rose Associates presented the testimony and reports of an expert commercial real estate appraiser. In some of her criticisms of the DFR valuations and assessments, and in developing her own appraisals of the estimated market values of the property, the expert relied in no small part on language in Rock Creek Plaza, supra, 466 A.2d at 858, which describes the capitalization rate as “a number representing the percentage rate that taxpayers must recover annually to pay the mortgage, to obtain a fair return on taxpayers’ equity in the property, and to pay real estate taxes.” Id. The trial court and the expert treated this language as the binding and all-encompassing definition of the term “capitalization rate.” Moreover, both also interpreted the words “fair return on taxpayers’ equity” to require that the capitalization rate selected not result in projected negative cash flows for the property, a position contrary to that relied upon, at least in part, by DFR. Based on the expert’s evidence and its understanding of the Rock Creek Plaza “definition” of capitalization rate, the trial court concluded that Rose Associates had met its burden of proving that the DFR assessments were flawed and incorrect, and therefore rejected the assessments. In addition, the trial court ruled that Rose Associates’ expert had convincingly calculated the estimated market values of the property and adopted those valuations as correct and reliable.

We hold that the trial court misread the Rock Creek Plaza language as establishing a binding and all-encompassing definition of “capitalization rate.” To be sure, the language in Rock Creek Plaza describes, in general terms, what a capitalization rate is, and it is understandable that the trial judge here2 relied upon that formulation as definitive and binding, because we repeated that exact language in several of our later cases. See District of Columbia v. Washington Sheraton Corp., 499 A.2d 109, 114 (D.C.1985); Wolf (I) v. District of Columbia, 597 A.2d 1303, 1309 (D.C.1991); Wolf (III) v. District of Columbia, 611 A.2d 44, 47 (D.C.1992). That reliance is misplaced, however, because the issue presented and resolved in Rock Creek Plaza, supra, as we show below, was not related to the manner in which capitalization rates are to be defined or determined. Thus the language relied upon is nothing more than oft-repeated dictum, not a binding precedent. See District of Columbia v. Sierra Club, 670 A.2d 354, 360 (D.C.1996) (“the rule of stare decisis is never properly invoked unless in the decision put forward as precedent the judicial mind has been applied to and passed upon the precise question”) (quoting Fletcher v. Scott, 201 Minn. 609, 277 N.W. 270, 272 (1938)).

We begin our analysis by noting that in Rock Creek Plaza the issue was whether the trial court had arbitrarily rejected the taxpayer’s expert evidence regarding the correct assessment of the taxpayer’s property. The expert’s evidence was found wanting because the expert had not taken into account an FHA mortgage on the property, and because the expert deducted the costs of yet-to-be-completed renovations from the property’s estimated value when renovated in order to arrive at the value of the partially renovated property. Rock Creek, Plaza, supra, 466 A.2d at 860-62. We held that the [1238]*1238trial court erred in rejecting the expert testimony because there was an insufficient evi-dentiary basis for the trial court to credit the FHA valuation and because it had misconstrued the nature of the renovations deduction; thus there was no record basis to support the trial court’s conclusion that the taxpayer’s expert was unworthy of belief. We remanded the case to the trial court for proper evaluation of the evidence. Id. In the course of explaining the background of the dispute, we noted that the parties in that case agreed that the capitalization of income method of valuation was the most appropriate for evaluating the fair market value of the property at issue. Id. at 858. We then gave a general description of that approach:

This method entails deriving a “stabilized annual net income” by reference to the income and expenses of the property over a period of several years. That annual net income is then divided by a capitalization rate — a number representing the percentage rate that taxpayers must recover annually to pay the mortgage, to obtain fair return on taxpayers’ equity in the property, and to pay real estate taxes.

Id. It is the latter sentence that the trial court here treated as definitive for determining a capitalization rate.

The disputed language from Rock Creek Plaza is nothing more and nothing less than a handy, but imprecise, description of a technical term. The language says nothing about the methods by which one may determine an appropriate capitalization rate, gives no guidance whatsoever as to what might be “a fair return” on equity, and does not instruct or imply that comparable properties producing a negative cash flow should be disregarded in calculating a capitalization rate. Furthermore, there is nothing in the purported Rock Creek Plaza definition that conflicts with or restricts the statutory list of the many, nonexclusive, factors that may be considered by assessors in determining the fair market value of a particular property. The statute provides that

Free access — add to your briefcase to read the full text and ask questions with AI

District of Columbia v. Rose Associates, 697 A.2d 1236, 1997 D.C. App. LEXIS 166, 1997 WL 414647 (D.C. 1997).

697 A.2d 1236 (District of Columbia v. Rose Associates) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

CHH CAPITAL HOTEL PARTNERS, LP v. DISTRICT OF COLUMBIA
152 A.3d 591 (District of Columbia Court of Appeals, 2017)
Young Women's Christian Ass'n of the National Capital Area v. District of Columbia
731 A.2d 849 (District of Columbia Court of Appeals, 1999)
District of Columbia v. Square 345 Associates Ltd. Partnership
706 A.2d 574 (District of Columbia Court of Appeals, 1998)