Expert’s Tax Appraisal Weathers Frontal Daubert Attack

Business Valuation UpdateVol. 20 No. 11
Legal and Court Case Update
November 2014
6552 Land Subdividers and Developers, Except Cemeteries
237210 Land Subdivision
expert testimony
daubert, admissibility, capitalization of income approach, fair market value (FMV), rule 702, reliability, comparable, sales comparison, strip mall, tax assessment

B & L Development LLC v. City of Norton Shores
2014 Mich. App. LEXIS 1488
August 14, 2014
US
State Court
Michigan
Court of Appeals
Laurence G. Allen (taxpayers/appellees); Elden Nedeau (city/appellant)
Per Curiam

Summary

Appeals court says tax tribunal did not abdicate its gatekeeper role under Rule 702 when admitting taxpayer expert’s appraisal, where the expert was qualified and used a reliable methodology; a searching inquiry into the underlying data was not necessary.

See Also

B & L Development LLC v. City of Norton Shores

Appeals court says tax tribunal did not abdicate its gatekeeper role under Rule 702 when admitting taxpayer expert’s appraisal, where the expert was qualified and used a reliable methodology; a searching inquiry into the underlying data was not necessary.