TC-MD 230067G•Ove & Lora Petersen Rev Liv Trust v. Washington County Assessor
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DECISION TC-MD 230067G 1 of 6 IN THE OREGON TAX COURT MAGISTRATE DIVISION Property Tax OVE & LORA PETERSEN REV LIV TRUST, ) ) ) ) ) ) ) ) ) ) Plaintiff, TC-MD 230067G v. WASHINGTON COUNTY ASSESSOR, DECISION Defendant. Plaintiff appeals the 2022–23 real market value of a residential property with two rented accessory dwelling units (ADUs). The property is identified in Defendant’s records as Account R2150810. Plaintiff was represented at trial by one of its trustees, Ove Petersen. Testifying for Plaintiff was Dawn O’Leary, SRA. Defendant was represented at trial by its appraisal supervisor, Adrienne Wilkes. Testifying for Defendant was Tyler Colson, Appraiser II. Plaintiff’s Exhibits B, C, and G through L were received into evidence, along with Defendant’s Exhibits A and B. I. STATEMENT OF FACTS The subject is an improved lot in the Metzger neighborhood just outside Tigard. (Def’s Ex A at 4.) It has a newly constructed house and detached garage, which are divided into three living units: (1) the 2,431-square-foot main house, comprising the house’s two above-grade floors; (2) a 1,329-square-foot basement ADU with separate entrance; and (3) a 569-square-foot apartment above the garage, the second ADU.1 (Id. at 5; Ptf’s Ex L at 21.) The construction was done by Mr. Petersen, who is a builder. 1 The court accepts the square footage reported by Plaintiff’s appraiser; the difference between the appraisers' square footages is immaterial to the analysis.
DECISION TC-MD 230067G 2 of 6 The board of property tax appeals determined the subject’s tax roll real market value was $1,033,300 and its exception value was $402,189. (Compl at 2.) Plaintiff now asks the court to reduce the subject’s real market value to $969,000, the amount concluded by Plaintiff’s appraiser. (Ptf’s Ex L at 3.) Defendant asks the court to reallocate the value between land and improvements in a way that slightly raises the overall value (to $1,042,000) but leaves the exception value unchanged at $402,189. (Def’s Ex A at 3.) II. ANALYSIS At issue is the subject’s 2022–23 real market value and, ultimately, the exception value used to recalculate the subject’s maximum assessed value.2 A. Burden of Proof and Standing The burden of proof in this court must be borne by the party seeking a change in the tax assessment. See ORS 305.427.3 The task of proving property value in court is complicated by the imprecision of property appraisal. This court has noted that, in an ordinary case, appraisers concluding to values within 10 percent of each other are deemed equally competent. Price v. Dept. of Rev., 7 OTR 18, 25 (1977). Commenting on a case in which the plaintiff had sought a smaller reduction, the court stated: “[T]he plaintiff set himself an almost impossible task by seeking in this court a reduction in value of a personal residence which was within eight percent of the assessed value as established by the county board of equalization and the defendant! A person experienced in property valuation, having convinced himself that a 10 percent differential or less was involved, would ordinarily seek to dissuade a client from an appeal.” Id. 2 Although Plaintiff’s Complaint identified this as an improvements-only appeal, both parties’ appraisers valued the entire property and at the pretrial conference the parties agreed to consider both land and improvement value. 3 The court’s references to the Oregon Revised Statutes (ORS) are to 2023.
DECISION TC-MD 230067G 3 of 6 Here, Plaintiff seeks a reduction in real market value only six percent less than the roll value. Plaintiff must bear the burden of showing a value lower than what is currently on the roll. See ORS 305.427. Given the slight difference from the roll, Plaintiff would need extraordinary evidence to meet that burden. See Price, 7 OTR at 25. Defendant, for its part, seeks an even smaller change—an increase of less than one percent in real market value, and no change at all in exception value. It would fall on Defendant to provide proof that such a change was warranted if it had standing to make the claim. However, a party has standing to seek relief in this court only if “the court’s decision in the matter will have some practical effect on the rights of the parties to the controversy.” Rains v. Stayton Builders Mart, Inc., 359 Or 610, 624, 375 P3d 490 (2016) (quoting Brumnett v. PSRB, 315 Or 402, 405, 848 P2d 1194 (1993)). Without a change to the exception value, the subject’s assessed value would remain the same. Therefore, a ruling granting Defendant’s request to raise the subject’s real market value would not alter the amount of taxed owed on the subject. Such a ruling would have no immediate practical effect on tax liability. Defendant’s request to increase the subject’s real market value is therefore dismissed. B. Plaintiff’s Value Evidence Plaintiff’s appraiser, Dawn O’Leary, prepared an appraisal report in which she placed all weight on the sales comparison approach. (Ptf’s Ex L.) She identified six comparables, all residential properties with at least one ADU. (Id. at 2, 6.) She adjusted for several factors—the most pertinent to this analysis being a time trend for market conditions. (Id.) Ms. O’Leary admitted an error in the time adjustment to Sale 1; a table summarizing all of the time adjustments is printed in the court’s analysis below.
DECISION TC-MD 230067G 4 of 6 Ms. O’Leary’s adjusted sale prices ranged from $851,183 for Sale 1 to $1,081,600 for Sale 3. (Ptf’s Ex L at 2, 6.) Her value conclusion was a weighted average of the comparables’ adjusted sales prices, which she derived from software that assigned each sale a relative weight ranging from 15.9 percent to 17.43 percent “by using the Gross Adjustment of sale price for each comparable as a measure of the relative quality of the comp.” (Id. at 21.) The basis for the software’s allocation of weight was unexplained. Her final value conclusion, as has been stated above, was $969,000. Ms. O’Leary prepared a cost approach using data from DwellingCost.com and from actual costs provided by Mr. Petersen. She testified that DwellingCost.com does not contain data for ADU costs and that the subject’s value may include “sweat equity” not reflected in the actual costs incurred by Mr. Petersen. She also prepared an income approach using the subject’s actual rent as a multiplier; she did not perform a study to determine market rent. Ms. O’Leary placed no reliance on either her cost or her income approach. C. Court’s Analysis The following table corrolates the dates of Ms. O’Leary’s comparable sales with Ms. O’Leary’s time adjustments as a percentage of the unadjusted sale price. Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 Sale 6 Sale Date 3/2020 7/2020 4/2021 9/2020 2/2021 1/2021 Sale Price $808,583 $785,000 $905,000 $707,500 $720,000 $730,000 Time Adj $64,400 $117,000 $63,400 $89,000 $103,000 $80,300 Time Adj/ Sale Price 8.0% 14.9% 7.0% 12.6% 14.3% 11.0% (See Ptf’s Ex L at 2, 6.) The table raises questions about the accuracy of Ms. O’Leary’s adjustments, given unrebutted evidence that the market was rising during all relevant periods. (See Def’s Ex B at 1–3.) Notably, Sale 1 received an 8-percent adjustment, while Sale 2 received a 14.9-percent adjustment, although Sale 2 occurred four months later in a rising
DECISION TC-MD 230067G 5 of 6 market. Ms. O’Leary admitted that her adjustment of Sale 1 was an error, and testified that it should have been more similar to the adjustment applied to Sale 2. There is also a discrepency in the adjustments to Sales 5 and 6, with the former receiving the greater adjustment despite occurring earlier. RMLS surveys indicate average sale prices increased 7.6 percent in 2020 and 15.8 percent in 2021. (Def’s Ex B at 2–3.) If those figures are accepted, Ms. O’Leary’s time adjustments are far too low. Sale 6, occurring in January 2021, should have been adjusted 15.8 percent instead of 11 percent, and Sales 1, 2, and 4, which occurred in 2020, should have received even greater adjustments (22.1, 19.6, and 18.3 percent, respectively). If Ms. O’Leary’s comparables had received a time adjustment consistent with the RMLS surveys, her computer- generated weighting scale would yield a final value of $1,014,713—a conclusion within two percent of the roll value. The propriety of that computer-generated weighting scale remains in doubt, given that Ms. O’Leary was unable to explain it on cross-examination. Of concern is the fact that one of the two sales identified as most comparable by Ms. O’Leary—Sale 5—was assigned the lowest weight by the computer. III. CONCLUSION Considering the limits on the precision of property appraisal, Plaintiff had “an almost impossible task” in proving a real market value reduction of six percent. See Price, 7 OTR at 25. Given the significant errors in the appraisal, Plaintiff has not met its burden of proof. Defendant’s request to raise the roll value is dismissed for lack of standing. Now, therefore, IT IS THE DECISION OF THIS COURT that Plaintiff’s appeal of the 2022–23 real market value of property identified as Account R2150810 be denied.
DECISION TC-MD 230067G 6 of 6 IT IS FURTHER DECIDED that Defendant’s request to raise the roll value be dismissed. POUL F. LUNDGREN MAGISTRATE If you want to appeal this Decision, file a complaint in the Regular Division of the Oregon Tax Court, by mailing to: 1163 State Street, Salem, OR 97301-2563; or by hand delivery to: Fourth Floor, 1241 State Street, Salem, OR. Your complaint must be submitted within 60 days after the date of this Decision or this Decision cannot be changed. TCR-MD 19 B. This document was signed by Magistrate Poul F. Lundgren and entered on January 9, 2025.
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