DONALD MEAD & SUSAN CAMPBELL, )
)
Complainants, )
)
v. )      Appeal Number 03-79017
)
CHRISTINE MCQUITTY, ASSESSOR, )
PLATTE COUNTY, MISSOURI, )
)
Respondent. )

DECISION AND ORDER

FINDINGS OF FACT

1. Jurisdiction over this appeal is proper. Taxpayers timely appealed to the State Tax Commission from the decision of the Board of Equalization.

2. A hearing was conducted on November 5, 2003, before Hearing Officer Luann Johnson, at the Platte County Administration Building, Platte City, Missouri. Complainants appeared pro se. Respondent appeared by counsel, John Shank.

3. The property under appeal is a single family residence.

4. Respondent originally appraised the property at a market value of $208,000 (assessed value $39,520).

5. The Board of Equalization reduced value to $195,000 (assessed value $37,050).

6. Complainants assert a value of $130,205 (assessed value $24,738), in keeping with other assessed values of residential properties. Complainants presented evidence of sales prices and assessed values of other homes in the subdivision.

7. At hearing Respondent presented an appraisal report demonstrating a value under the cost approach of $143,848 and a value under the market approach of $203,000.

8. On January 30, 20024, Respondent filed a stipulation with the State Tax Commission stipulating to a value of $130,000 for the subject property.

9. There is now no dispute between the parties as to the correct market value for the subject property for tax years 2003 and 2004.

ORDER

The assessed valuation for the subject property for tax year 2003, as determined by the Board of Equalization, is SET ASIDE. The Clerk is hereby ordered to put a new assessed value of $130,000 (assessed value $24,700) on the property for tax years 2003 and 2004.

A party may file with the Commission an application for review of a hearing officer decision within thirty (30) days of the mailing of such decision. The application shall contain specific detailed grounds upon which it is claimed the decision is erroneous. Failure to state specific facts or law upon which the appeal is based will result in summary denial.

If an application for review of a hearing officer decision is made to the Commission, any protested taxes presently in an escrow account in accordance with this appeal shall be held pending the final decision of the Commission. If no application for review is received by the Commission within thirty (30) days, this decision and order is deemed final and the Collector of Platte County as well as the collectors of all affected political subdivisions therein, shall disburse the protested taxes presently in an escrow account in accord with the decision on the underlying assessment in this appeal. If any protested taxes have been disbursed pursuant to Section 139.031(8), RSMo, either party may apply to the circuit court having jurisdiction of the cause for disposition of the protested taxes held by the taxing authority.

Any Finding of Fact which is a Conclusion of Law or Decision shall be so deemed. Any Decision which is a Finding of Fact or Conclusion of Law shall be so deemed.

SO ORDERED February 27, 2004.

STATE TAX COMMISSION OF MISSOURI

Luann Johnson

Hearing Officer