Board of Review finds 2024 sale representative; lowers two Sixth Avenue parcels to $237,500 each

The Kenosha Board of Review reduced the full value of two downtown Sixth Avenue parcels owned by Sixth Avenue Partners LLC to $237,500 each after a contested hearing in which the board weighed competing evidence about whether a May 15, 2024 sale represented ordinary market value.

The appellant, identifying himself as Anthony (last name not specified on the record), said the two adjacent parcels had been purchased May 15, 2024, for a combined $475,000 and asked the board to set each parcel's full value at $237,500, arguing the transaction was an arm's-length sale that the assessor should have used under the Markarian hierarchy. "The properties were purchased for $2.375 (each) ... the assessments are much higher than the sale price," the appellant said, asking the board to apply the sale price to the 2025 assessment.

Kenosha's commercial appraiser and assessor witness, Kirk Griffin Jr., testified the assessor used an income approach and mass appraisal processes typical for income-producing properties and concluded the May 2024 sale was not sufficiently exposed to the open market (it was marketed for about three days) and did not conform to sales of reasonably comparable properties. Griffin said he found comparable sales with materially higher per-square-foot prices and that renovations made after the sale increased the property's value before the January 1, 2025 assessment date.

The hearing record included references to case law and the Wisconsin Property Assessment Manual. The assessor cited precedent and state statute 70.365 to support using tiered valuation methods and mass appraisal rather than applying a single post-sale price if that sale is atypical; the appellant and his counsel cited prior circuit court remarks in a related appeal (Judge Wilk's prior discussion) and the Markarian hierarchy from the assessment manual to argue the sale should be the primary indicator of market value.

After closing testimony, the board deliberated. Several board members said the prior court decision and the fact that the sale was recent carried weight in their consideration. The board then made and seconded a motion, citing Wisconsin statute 70.479, to find the assessor's value incorrect and to set the full value of each parcel at $237,500 (allocated as land $10,900 and improvements $226,600). The board recorded a roll-call vote and the motion carried by a majority; the board signed separate determinations for each parcel with the same valuation and directed staff to complete the paperwork.

Why this matters: The decision replaces the assessor's income-based valuation with the sale price allocated by the board for the two parcels, which will change the tax base for those properties and could influence how similar short-marketing sales are treated in future appeals. The hearing also highlighted recurring tensions in local assessment practice between single-property sales evidence and mass appraisal methods.

Details from the hearing: The assessor provided three comparable sales to support the higher valuation and testified the property had been remodeled between the May 2024 sale and the January 1, 2025 assessment date (exterior facade work, interior carpet and paint, and lighting), which he said would typically increase income potential and market value. The assessor referenced CoStar market-data averages and case law (Enterprise Realty Co. v. Poderski; Collins v. Brown) in arguing the sale price alone did not rebut the presumption of correctness of the assessor's valuation.

The appellant emphasized that the property had been marketed through an MLS listing with a real estate professional and that the sale was arms length; he pointed to the prior certiorari appeal and Judge Wilk's statements acknowledging the sale as an arm's-length transaction for the current assessment period. The board explicitly noted the prior court record in its deliberations as a factor weighing in favor of the appellant.

Board action and next steps: For each parcel the board adopted the motion exercising its judgment and discretion under Wisconsin Statute 70.479, finding the assessor's values incorrect and setting full value at Land $10,900 and Improvements $226,600 for a total of $237,500 per parcel. The board recorded the determinations on the record, and staff will prepare final forms reflecting the board's decisions. The board adjourned and scheduled a follow-up administrative step to notify parties.