...
Therefore, "[w]hen there are competing opinions as to how a property should be valued, the Indiana Board must determine which opinion is more probative." Trimas, 923 N.E.2d at 502. Once the Indiana Board makes such a determination, this Court will not substitute its judgment for that of the Indiana Board simply because it or, like here, one of the parties disagrees with the Indiana Board’s decision. See Grider v. Dep’t of Local Gov’t Fin., 799 N.E.2d 1239, 1243 (Ind. Tax Ct. 2003). In other words, Millennium’s sales comparison and income approach arguments merely invite this Court to reweigh the evidence; that task, however, is not within this Court’s prerogative on appeal absent an abuse of discretion. See Trimas, 923 N.E.2d at 498-99; Hubler, 938 N.E.2d at 315 n.5 (defining "an abuse of discretion"). The Indiana Board’s final determination explains why it found the Assessor’s Appraisal to be more persuasive than Millennium’s, and based on its review of the administrative record, the Court finds no basis for reversing the Indiana Board’s conclusion. Therefore, the Court holds that the Indiana Board did not abuse its discretion in finding the Assessor’s Appraisal more persuasive than Millennium’s Appraisal despite their differences.
See the full determination here:
http://www.in.gov/judiciary/opinions/pdf/11051201tgf.pdf
