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Board of Review dismisses Lynch Ventures' objection after dispute over valuation method and incomplete form

Village of Pleasant Prairie Board of Review · September 10, 2024
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Summary

After a lengthy exchange over valuation approaches and whether the objection form was complete and timely, the Pleasant Prairie Board of Review voted to dismiss Lynch Ventures LLC’s property assessment objection rather than schedule a hearing.

The Village of Pleasant Prairie Board of Review voted on Sept. 10 to dismiss an assessment objection filed by Lynch Ventures LLC for property at 10901 75th Street, concluding the objection form was incomplete or inaccurate and that procedural requirements were not met.

The assessor’s representative told the board the objection used vacant-land sales and a land-only valuation for an improved parcel and omitted required information on the objection form, citing both inaccuracies and a failure to disclose improvements made within the last 10 years. The assessor asked the board either to dismiss the objection under its rules or to waive the matter to circuit court on grounds that the valuation approach and the incomplete form raised legal issues.

Ken Zadrak, a principal with appraisal firm Maguire Sponsel who identified himself at the hearing, urged the board to deny the waiver request and hear the evidence. Zadrak said the taxpayer had submitted a traditional cost approach — a replacement-cost method commonly used for valuing car dealerships — and provided supporting market-comparison sales and Marshall & Swift structure-cost reports. Zadrak said those materials were provided to the assessor as part of a subpoena response and asserted the property’s value was about $5,000,000 compared with the assessor’s approximate $7,000,000 figure.

Board members and counsel reviewed procedural questions: whether the objection form as filed (PA115A and any agent authorization) was complete and accurate, whether an amended objection filed after the board’s filing deadline could be accepted, and whether there was reasonable cause to accept a late amendment. Counsel advised that an amended objection filed after the 48-hour deadline must show reasonable cause for lateness and that the board’s rules (Rule 7e) permit dismissal for incomplete objection forms.

After discussion about permit records, land additions, and the timing of evidence submitted to the assessor, a board member moved to dismiss the objection on the basis of the incomplete/inaccurate objection form. The board voted by voice and the chair announced the motion carried and the objection was dismissed. The motion concluded the board’s consideration of that appeal at this meeting; parties retain whatever circuit-court options their status allows.

Next steps: the clerk will complete required signatures and the record; the transcript records no board decision to schedule a further hearing on the Lynch Ventures appeal.