Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Equalization Appeal of Target Corp.

Court of Appeals of Kansas

December 29, 2017

In the Matter of the Equalization Appeal of Target Corporation, for the Year 2015 in Sedgwick County, Kansas.

         SYLLABUS BY THE COURT

         1. The Kansas Judicial Review Act, K.S.A. 77-601 et seq., governs appellate review of Kansas Board of Tax Appeals rulings.

         2. As a general rule in construing tax statutes, provisions which impose a tax are to be construed strictly in favor of the taxpayer.

         3. Each parcel of real property shall be appraised at its fair market value in money, the value thereof to be determined by the appraiser from actual view and inspection of the property.

         4. "Fair market value" means the amount in terms of money that a well informed buyer is justified in paying and a well informed seller is justified in accepting for property in an open and competitive market, assuming that the parties are acting without undue compulsion.

         5. Appraisals for ad valorem taxation purposes must be performed in accordance with the Uniform Standards of Professional Appraisal Practice.

         6. For appraisal purposes, counties can no longer use carryover values to determine a current year's valuation.

         7. When valuing property, an appraiser may determine the difference between the value of the property under a hypothetical vacant condition and its value as occupied in order to isolate the value of the taxable real estate separate and apart from the business being conducted on it.

         Appeal from the Board of Tax Appeals. Affirmed.

          Patricia J. Parker, assistant county counselor, for appellant Sedgwick County.

          Linda Terrill, of Property Tax Law Group, LLC, of Overland Park, for appellee Target Corporation.

          Roger M. Theis and Thomas R. Powell, of Unified School District No. 259, of Wichita, for amicus curiae U.S.D. No. 259.

          R. Scott Beeler and Jennifer M. Hannah, of Lathrop Gage LLP, of Overland Park, for amicus curiae The Kansas Chamber of Commerce and Industry, Inc.

          Before Bruns, P.J., Schroeder, J., and Hebert, S.J.

          Schroeder, J.

         Sedgwick County (the County) appeals the Board of Tax Appeals' (BOTA) valuation for ad valorem tax purposes of four Target Corporation (Target) retail store locations. The County argues BOTA erred in determining a proper value for the property; this argument is unpersuasive. The record reflects BOTA accepted and relied upon substantial competent evidence to determine each property's value in compliance with Uniform Standards of Professional Appraisal Practice (USPAP). We affirm.

         Facts

         The properties subject to this appeal consist of four retail store locations owned and occupied by Target in Sedgwick County. Target filed protest applications and sought equalization appeals based on the County's real property tax valuations for the 2015 tax year for all four ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.