Berry & Co. v. County of Hennepin

Summary

The Minnesota Supreme Court reviewed a property-tax valuation dispute involving commercial property in Wayzata, Minnesota. The court upheld the tax court’s determination that redevelopment was the property’s highest and best use and affirmed the County’s expert valuation for the 2007 and 2008 assessment years. The court concluded that the tax court’s findings and valuation were supported by the evidence and were not clearly erroneous.

Holdings

1. The Tax Court did not clearly err in determining that redevelopment was the property's highest and best use for 2007 because an approved planned unit development permitted construction of a three-story building on the property during that assessment year.
2. The Tax Court did not err in determining that redevelopment was the property's highest and best use for 2008 even though no approved planned unit development was then in effect, because the evidence showed a reasonable probability that a planned unit development allowing redevelopment would be approved in the near future.
3. The Tax Court did not clearly err in adopting the County expert's appraisal and valuing the property at $3,881,000 for 2007 and $4,153,000 for 2008.

Questions Presented

1. Whether the Tax Court clearly erred in determining that redevelopment was the highest and best use of the property for the 2007 assessment year despite conditions associated with the planned unit development.
2. Whether the Tax Court clearly erred in determining that redevelopment was the highest and best use for the 2008 assessment year when no approved planned unit development was in effect at the time of assessment.
3. Whether the Tax Court clearly erred by adopting the County's expert appraisal and valuing the property at $3,881,000 for 2007 and $4,153,000 for 2008.

Disposition

affirmed