Court Hears Walmart Appeal Over Property valuations; Panel Takes Case Under Advisement

David Crapo, attorney for Walmart, opened oral argument before the Utah Court of Appeals, saying, "This appeal presents 2 legal errors that were committed by the tax court. The first, the district court misapplied the standard of review for a de novo trial. Second, the tax court committed error by misapplying the fair market value standard in Utah statutes." Crapo asked the court to reverse the trial court's valuations.

The case concerns the fair-market valuation of three retail properties in Salt Lake County t issue before the Utah State Tax Commission and later tried in district court: two Walmart Supercenters and a Sam—lub with a fuel service. The tax court (Judge Connors) held eight days of evidence and issued findings that the highest and best use of the properties was their continued use as functioning retail stores; Walmart contends the court relied improperly on "value in use" principles and on the tax commission's prior decision.

Aaron Love, representing the Salt Lake County Board of Equalization, defended the trial court's approach and cited the statutory definition of fair market value: "A fair…