Emerson v. Erie County Board of Revision

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David Emerson owned two adjoining parcels of real property in Erie County. The Erie County auditor’s aggregate valuation of the two parcels for tax year 2011 was $328,270. Emerson challenged the valuations, arguing that his 2009 purchase of the parcels established lower true values because it was a recent arm’s-length transaction. The Erie County Board of Revision (BOR) retained the auditor’s valuation. On appeal, the Board of Tax Appeals (BTA) reversed the BOR’s decision and valued the property at $180,000 according to the sale price. The Supreme Court affirmed, holding (1) Emerson demonstrated a recent arm’s-length sale; and (2) the county cannot rebut the sale price with an appraisal. View "Emerson v. Erie County Board of Revision" on Justia Law