154062 - Menard, Inc v City of Escanaba
Attorney Information
Menard,
Inc.,
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John D. Pirich
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Petitioner-Appellant,
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v
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(Appeal from Ct of Appeals)
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(Tax Tribunal)
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City of Escanaba,
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Jack L. Van Coevering
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Respondent-Appellee.
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Order Link
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Summary
Page Content
Menard owns a freestanding
“big box” retail store in the City of Escanaba. In determining the property’s
“true cash value” for purposes of property tax assessment, the city valued the property at about $8 million, based on a
cost approach. Menard challenged
the assessment and presented an expert appraiser who valued the property at about
$3.3 million, based largely on a sales-comparison approach. The Michigan Tax Tribunal (MTT) rejected
the city’s valuation and accepted Menard’s valuation with minor adjustments. The Court of Appeals reversed and remanded, holding
that there were flaws in the valuation approaches used by both parties, and
that the MTT on remand must make a new determination of value after the parties
are allowed to present additional evidence. The Supreme Court has directed oral
argument to address whether the Court of Appeals exceeded its limited appellate
review of a decision of the MTT, and, if so, whether the MTT may utilize a
valuation approach similar to that recognized in Clark Equipment Company v Leoni Twp, 113 Mich App 778 (1982).