Vanderminden, A Family LTD Partnership v. Town of Wells

Vanderminden, a Family Limited Partnership, owned a contiguous piece of property in the adjoining towns of Poultney and Wells. The Wells portion was at issue in this case: the state appraiser affirmed the Town's valuation of the property. On appeal, the partnership argued that the appraiser failed to supply a sufficient explanation for its decision to accept the Town's valuation; in assessing the Wells and Poultney properties as a single parcel then valuing the Wells portion as a seasonal dwelling; and for not accepting the partnership's evidence that the Wells portion was assessed above fair market value of the entire parcel. Upon review, the Supreme Court concluded that the valuation of a single property in more than one town includes both the fair market value of the entire parcel, and of the portion in the town involved in the appeal. Because the partnership presented evidence to demonstrate that the Wells portion's valuation exceeded the fair market value of the entire parcel, Wells' appraisal should have been reduced accordingly. Furthermore, the state appraiser should have given its reason for the high valuation. Accordingly, the Court remanded the case for further proceedings. View "Vanderminden, A Family LTD Partnership v. Town of Wells" on Justia Law