Greenwood Ranch, Inc. v. Morrilll County Board of Equalization

439 N.W.2d 760, 232 Neb. 114, 1989 Neb. LEXIS 197
CourtNebraska Supreme Court
DecidedMay 12, 1989
Docket87-520
StatusPublished
Cited by5 cases

This text of 439 N.W.2d 760 (Greenwood Ranch, Inc. v. Morrilll County Board of Equalization) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenwood Ranch, Inc. v. Morrilll County Board of Equalization, 439 N.W.2d 760, 232 Neb. 114, 1989 Neb. LEXIS 197 (Neb. 1989).

Opinions

Fahrnbruch, J.

Plaintiff, Greenwood Ranch, Inc., appeals a Morrill County District Court order affirming the $170,355 valuation placed upon improvements on Greenwood Ranch by the Morrill County Board of Equalization (Board) for the 1986 tax year. We affirm.

Greenwood Ranch’s assignments of error may be summarized that the trial court erred (1) in upholding the Board’s valuation of the improvements and (2) in admitting testimony of the Board’s appraiser, Tim Rounds, concerning the equalization of valuations across the county.

An appeal from a county board of equalization is tried by the district court de novo as in equity and considered by this court de novo on the record from the district court. Where credible evidence is in conflict, this court may give weight to the fact that [116]*116the trial judge observed the witnesses and accepted one version of the facts over another. Affiliated Foods Co-op v. County of Madison, 229 Neb. 605, 428 N.W.2d 201 (1988); Equitable Life v. Lincoln Cty. Bd. of Equal., 229 Neb. 60, 425 N.W.2d 320 (1988).

On appeal, a court presumes the board of equalization faithfully performed its duties in making an assessment and acted upon sufficient competent evidence to justify its action. The presumption remains until there is competent evidence to the contrary. Hastings Building Co. v. Board of Equalization, 212 Neb. 847, 326 N.W.2d 670 (1982); Gradoville v. Board of Equalization, 207 Neb. 615, 301 N.W.2d 62 (1981). The presumption amounts to a burden on the property owner to prove the action of the board of equalization in fixing or determining the valuation of property for tax purposes was unauthorized by or contrary to the constitutional or statutory provisions governing taxation. Chief Indus. v. Hamilton Cty. Bd. of Equal., 228 Neb. 275, 422 N.W.2d 324 (1988); Gordman Properties Co. v. Board of Equal., 225 Neb. 169, 403 N.W.2d 366(1987).

The improvements involved in this action are located on a 40-acre tract of land in Morrill County, Nebraska, and comprise the headquarters of the Greenwood Ranch, a diversified agricultural operation of 11,011 acres. Valuation of the land is not at issue. The improvements included three houses, one double-wide trailer, one Flamingo trailer, a barn, a cattle shed, two wooden bins, a steel bin, an elevator granary with an elevator leg, a railroad caboose, a Quonset, a Morton equipment shed, and corrals.

For tax purposes, counties must assess property at its actual value. Neb. Rev. Stat. § 77-201 (Reissue 1986); Hastings Building Co. v. Board of Equalization, supra. Neb. Rev. Stat. § 77-112(1) (Reissue 1986) defines “actual value” as being the property’s value “ascertained by using the following formula where applicable: (a) Earning capacity of the property; (b) relative location; (c) desirability and functional use; (d) reproduction cost less depreciation; (e) comparison with other properties of known or recognized value; (f) market value in the ordinary course of trade; and (g) existing zoning of the [117]*117property.” (Emphasis supplied.)

At trial, all the witnesses agreed that earning capacity was not an appropriate method to arrive at actual value for the Greenwood Ranch improvements. The property is not under zoning restrictions. Therefore, these factors were properly not taken into consideration for valuation purposes.

Both of the appraisers testifying for Greenwood Ranch were unable to find comparable sales of like property in Morrill County. One of the appraisers testified there were sales of land and improvements in nearby counties, but his references and comparisons were without detailed reference to specific sales or prices. Basically, any reference to comparable sales lacked sufficient foundation for proper comparison.

The county assessor and Greenwood Ranch’s appraisers agreed that there are three recognized methods of determining actual value: (1) by capitalizing earning capacity; (2) by using comparable sales; and (3) by determining replacement cost and deducting therefrom various depreciation factors. Since there was no earning capacity and since suitable comparable sales were not available, the only appraisal method that could be used was replacement cost less depreciation.

Where the evidence shows the assessed value of property has been determined by a formula in substantial compliance with Neb. Rev. Stat. § 77-112, which has been uniformly and impartially applied, such assessed value will not ordinarily be disturbed on appeal on evidence indicating a mere difference of opinion as to the valuation. Lexington Building Co., Inc. v. Board of Equalization, 186 Neb. 821, 187 N.W.2d 94 (1971); Newman v. County of Dawson, 167 Neb. 666, 94 N.W.2d 47 (1959).

For the 1986 tax year, with the formula in § 77-112(1) she found applicable, the county assessor first determined replacement cost for improvements on land in Morrill County. In doing so, she utilized the Marshall Valuation Service and Residential Cost Handbook (Marshall-Swift manual) as prescribed by the Nebraska Department of Revenue. Under this method, the replacement cost is determined based upon measurements and the grade of the buildings. After that cost is fixed, the assessor determines the depreciation factors [118]*118applicable in the area and applies these to the specific property being valued.

The records of the Morrill County assessor’s office reflected the measurements for all buildings on the Greenwood Ranch land. Based on those measurements and the grading determined through visual inspection, the assessor determined the replacement cost of Greenwood Ranch’s improvements. To arrive at the tax valuation, the assessor then adjusted the replacement cost to reflect applicable depreciation factors. On the houses and trailers, the assessor allowed a 25 percent depreciation factor for location and allowed physical depreciation in amounts ranging from 10 percent on the owner’s home, which had been remodeled, to 50 percent on the Flamingo trailer. On the other buildings, the assessor allowed a 10 percent depreciation factor for location, and physical depreciation ranging from 5 percent on the Morton building to 50 percent on the elevator leg. No functional depreciation was taken, except to exclude from valuation the loft portion of the barn and the elevator portion of the granary.

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McDonald v. Miller
518 N.W.2d 80 (Nebraska Supreme Court, 1994)
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482 N.W.2d 583 (Nebraska Supreme Court, 1992)
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Greenwood Ranch, Inc. v. Morrilll County Board of Equalization
439 N.W.2d 760 (Nebraska Supreme Court, 1989)

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Bluebook (online)
439 N.W.2d 760, 232 Neb. 114, 1989 Neb. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenwood-ranch-inc-v-morrilll-county-board-of-equalization-neb-1989.