Mathew R. DuSablon and Vanessa A. DuSablon v. Katie Kaufman, in her official capacity as the Jackson County Assessor

CourtIndiana Tax Court
DecidedDecember 4, 2020
Docket20T-TA-4
StatusPublished

This text of Mathew R. DuSablon and Vanessa A. DuSablon v. Katie Kaufman, in her official capacity as the Jackson County Assessor (Mathew R. DuSablon and Vanessa A. DuSablon v. Katie Kaufman, in her official capacity as the Jackson County Assessor) is published on Counsel Stack Legal Research, covering Indiana Tax Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mathew R. DuSablon and Vanessa A. DuSablon v. Katie Kaufman, in her official capacity as the Jackson County Assessor, (Ind. Super. Ct. 2020).

Opinion

PETITIONERS APPEARING PRO SE: ATTORNEYS FOR RESPONDENT: MATHEW R. DuSABLON CURTIS T. HILL, JR. VANESSA A. DuSABLON ATTORNEY GENERAL OF INDIANA Seymour, IN ROBERT A. ROWLETT DEPUTY ATTORNEY GENERAL Indianapolis, IN

FILED IN THE Dec 04 2020, 2:31 pm

INDIANA TAX COURT CLERK Indiana Supreme Court Court of Appeals and Tax Court

MATHEW R. DuSABLON and ) VANESSA A. DuSABLON, ) ) Petitioners, ) ) v. ) Cause No. 20T-TA-00004 ) KATIE KAUFMAN, in her official capacity ) as the JACKSON COUNTY ASSESSOR, ) ) Respondent. ) ______________________________________________________________________

ON APPEAL FROM A FINAL DETERMINATION OF THE INDIANA BOARD OF TAX REVIEW

FOR PUBLICATION December 4, 2020

FISHER, Senior Judge

Mathew R. and Vanessa A. DuSablon have challenged the Indiana Board of Tax

Review’s final determination valuing their residential property for the 2018 tax year. Upon

review, the Court affirms the Indiana Board’s final determination.

FACTS AND PROCEDURAL HISTORY

The DuSablons own a house, and the 10.28 acres of land upon which it sits, just

outside of Seymour, Indiana. (See generally Cert. Admin. R. at 1-4.) The DuSablons purchased their property in December of 2014 for $380,000. (See Cert. Admin. R. at 3,

37, 125, 127-28.)

For the 2018 tax year, the DuSablons’ property was assessed at $372,000

($28,500 for land and $343,500 for improvements). (See Cert. Admin. R. at 2.) The

DuSablons appealed the assessment to the Jackson County Property Tax Assessment

Board of Appeals (“PTABOA”). On December 11, 2018, the PTABOA reduced the

assessment to $364,300 ($28,500 for land and $335,800 for improvements). (See Cert.

Admin. R. at 2-3.) Still dissatisfied, the DuSablons sought review with the Indiana Board.

The Indiana Board held a hearing on the DuSablons’ appeal on September 18,

2019. During the hearing, the Jackson County Assessor conceded that she bore the

burden of proving that the DuSablons’ assessment was correct because it had increased

by more than 5% between 2017 and 2018. 1 (See Cert. Admin. R. at 96.) (See also Cert.

Admin. R. at 3 (indicating that in 2017, the assessed value of the DuSablons’ property

was $318,700 ($30,500 for the land and $288,200 for the improvements).) To meet her

burden, the Assessor presented an appraisal report, along with the testimony of its

preparer, Richard Borges, an Indiana certified general appraiser and member of the

Appraisal Institute. (See Cert. Admin. R. at 55-74, 103-06.) The appraisal report,

completed in conformance with the Uniform Standards of Professional Appraisal Practice

1 Pursuant to Indiana Code § 6-1.1-15-17.2, commonly referred to as “the burden-shifting statute,” if an assessment of property increases by more than 5% from one year to the next, the assessor bears the burden of proving that the assessment is correct. See IND. CODE § 6-1.1-15-17.2 (2019); Orange Cnty. Assessor v. Stout, 996 N.E.2d 871, 873 (Ind. Tax Ct. 2013). See also Nova Tube Indiana II LLC v. Clark Cnty. Assessor, 101 N.E.3d 887, 893 n.5 (Ind. Tax Ct. 2018) (explaining that for purposes of the burden-shifting rule, the term “burden of proof” refers to the burden of production).

2 (“USPAP”), estimated the value of the DuSablons’ property to be $400,000 as of January

1, 2018. (See Cert. Admin. R. at 56, 60.) Borges explained that he arrived at this value

using a sales comparison approach that evaluated the sales of three comparable

properties near the subject property. (See, e.g., Cert. Admin. R. at 60, 64-65, 74, 104-

05.)

In rebuttal, the DuSablons argued that their assessment was the product of bias

because:

1) for years they have had to contact the Assessor to correct mistakes on the property record card;

2) no improvements have been made to their property that justified any assessment increase, let alone one of 17%;

3) they presented – but the PTABOA ignored – the property record cards of three properties that were better than theirs, but assessed for less;

4) when the PTABOA reduced their assessment, much of the form it used was incomplete;

5) the comparables that Borges used in his appraisal were not comparable. (See Cert. Admin. R. at 113-18, 129-30.) In conjunction with their argument, the

DuSablons presented the Indiana Board with copies of seven property record cards: one

for their property, three for the properties that Borges used as comparables in his

appraisal report, and three for properties that they claimed were better comparables but

were assessed for less. (See Cert. Admin. R. at 36-44, 49-54, 114-16.) The DuSablons

also presented a copy of the PTABOA’s Form 115 that reduced their assessment from

$372,000 to $364,300. (See Cert. Admin. R. at 36, 45-48.)

On December 16, 2019, the Indiana Board issued a final determination upholding

3 the assessment of the DuSablons’ property. In its final determination, the Indiana Board

found that the Assessor’s appraisal used “a generally accepted valuation methodology –

the sales comparison approach – to estimate the [DuSablons’] property[] value as of the

relevant . . . valuation date. [Borges] explained why the properties he used [in that

approach] were comparable to the DuSablons’ property, and he adjusted their sales

prices to account for relevant differences.” (Cert. Admin. R. at 89 ¶ 23.) The DuSablons’

response to this evidence, the Indiana Board explained, were mere assertions that they

disagreed with Borges’ adjustments and that their comparables were better than his.

(See Cert. Admin. R. at 89-90 ¶¶ 24, 26.) Moreover, the Indiana Board continued, the

DuSablons failed to present any evidence to show what they believed the proper valuation

of their property should be. (Cert. Admin. R. at 89-90 ¶ 25.) As a result, the Indiana

Board held that the DuSablons failed to impeach the Assessor’s appraisal and upheld the

PTABOA’s assessment. (Cert. Admin. R. at 89 ¶¶ 23-24.)

The DuSablons subsequently initiated an original tax appeal. The Court took the

matter under advisement on October 2, 2020, after all briefing was complete. Additional

facts will be supplied when necessary.

STANDARD OF REVIEW

The party seeking to overturn an Indiana Board final determination bears the

burden of demonstrating its invalidity. Osolo Twp. Assessor v. Elkhart Maple Lane

Assocs., 789 N.E.2d 109, 111 (Ind. Tax Ct. 2003). Thus, to prevail in their appeal, the

DuSablons must demonstrate to the Court that the Indiana Board’s final determination is

arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

contrary to constitutional right, power, privilege or immunity; in excess of or short of

4 statutory jurisdiction, authority, or limitations; without observance of the procedure

required by law; or unsupported by substantial or reliable evidence. See IND. CODE § 33-

26-6-6(e)(1)-(5) (2020).

ANALYSIS

On appeal, the DuSablons describe themselves as the victims of an abusive

assessment system that has been fraught with invasive property inspections,

governmental failures to follow protocol, and smear campaigns designed to taint their

reputations. (See, e.g., Pet’rs’ Resp. Resp’t Br. (“Pet’rs’ Reply Br.”) at 2-3 ¶¶ 3-5, 11 ¶

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Mathew R. DuSablon and Vanessa A. DuSablon v. Katie Kaufman, in her official capacity as the Jackson County Assessor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathew-r-dusablon-and-vanessa-a-dusablon-v-katie-kaufman-in-her-indtc-2020.