2015-05-20 BOR ePacket

Transcription

2015-05-20 BOR ePacket
CITY OF DELAFIELD
(262) 646-6220
Board of Review Agenda
Wednesday, May 20, 2015
6:00 p.m.
**CITY HALL COMMON COUNCIL CHAMBERS**
500 Genesee Street, Delafield, WI 53018
1.
2.
3.
4.
5.
6.
7.
8.
Call 2015 Board of Review to Order.
Roll Call.
Statement of Public Notice.
Select a Chairperson and Vice Chairperson.
Verify that a member has met the mandatory training requirements.
Receive the 2015 Assessment Roll from the Assessor.
Review Notices of Intent to File Objection.
Hearings on objections and/or discussion and action on hearing waiver requests filed.
9.
10.
11.
Review 2015 Assessment Roll and Perform Statutory Duties.
Communications and any other business as authorized by law.
Adjourn the 2015 Board of Review.
Persons requiring an interpreter or other assistance should contact the City Administrative office 72 hours prior to the meeting. Notice is hereby given
that a majority of the Plan Commission, Lake Welfare Committee, Public Works Committee, and/or Library Board may be present at the meeting of the
Common Council scheduled May 20, 2015 to gather information about a subject in which they are interested. This constitutes a meeting of the
PWC/Plan Commission and others pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Ws. 2d553, 494 N.W. 2d 408 (1993), and must be
noticed as such.
Clerk-Treasurer GG
Posted:
2014-05-19
X City Hall Bulletin Board
X Faxed to Newspapers
X Website
BOARD OF REVIEW SCRIPT
CLERK'S SCRIPT:
1. Clerk introduces the case by stating the following information:
a. Assessment Year
b. Hearing Date & Time.
c. Tax Key #
d. Property address
e. Property Owner
f.
Mailing address if different.
g. Class of land
i. Residential, Commercial, Manufacturing, or Agricultural
h. 20XX Assessment:
i. Land $
ii. Improvements $
iii. Total $
2.
3.
Objector Received written confirmation of Hearing Date: Yes:______ No:_____ (or) Both
Objector and Assessor waived 48 hour notice of hearing: _________
Note: Taxpayer must have filed written objection before or at Board of Review.)
Check one:
a. _____ Timely notice of “Intent to File an Objection” was provided by objector to clerk
(either in writing or orally) at least 48 hours prior to first full session of Board of
Review Or
b. ______ Waiver was granted by Board of Review for:
i. _____ Good Cause, or
ii. _____ Extraordinary Circumstances
4.
Board members present: ________________________________________________________
______________________________________________________________________________
5.
Board Members removed (if any):
______________________________________________________________________________
6.
Board Counsel Present:
______________________________________________________________________________
7.
Property Owner/Objector’s Attorney or Representative:
______________________________________________________________________________
8.
Board Members with certified training (must have at least one):
______________________________________________________________________________
9. Is Mr./Ms.
or a representative present? Please come forward to the microphone.
3. Would all persons, (including Assessor) intending to provide testimony for this hearing please raise
your right hand to be sworn?
DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY WHICH YOU
SHALL GIVE IN THE MATTER NOW ON HEARING SHALL BE THE
TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO
HELP YOU GOD?
4. Would each person please state your name and address for our record.
5. Chairman ___________will now begin our hearing. (turn hearing over to Chair)
CHAIRMAN’S SCRIPT
6. Chairman briefly outlines the hearing procedures:
a. The person filing the objection will testify and present evidence first. The assessor may
then ask the objector questions. The BOR members may also ask the objector
questions.
b. After the objector has testified, any other witnesses present in support of the objector
will testify. Each witness is subject to questions from the assessor and BOR members.
c. Following all witnesses of the objector, the assessor shall present his/her case in
support of the assessment.
d. The assessor shall be subject to any questions of the objector first then the assessor
shall be subject to question of the BOR members.
e. The objector may present any other evidence, which again is subject to questions of the
assessor or BOR members.
f.
The assessor may provide any other evidence, again subject to questions of the
objector and BOR members.
g. After all evidence has been submitted under oath, the objector may first make a brief
summary of his/her case to the BOR.
h. The assessor may follow with a brief summary of his/her case.
i.
After each summary, the taking of testimony will be closed.
j.
The BOR will deliberate on the testimony either immediately following the testimony.
Chairman of the BOR also makes the following statement to the objector before taking any testimony of the
objector:
The BOR wants you to understand that under state law the BOR is required to
uphold the assessor’s valuation of your property as being correct, unless you by
your testimony can show the assessor’s valuation to be incorrect…in other
words, the burden of proof is upon you as the taxpayer. Do you understand that?
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HEARING FORMAT
OBJECTOR first:
1. Objector (who has the burden of proof) provides evidence/testimony, one witness at a time.
2. Rebuttal (re-direct) by Objector
3. Board members to ask questions of Objector. (Chairman to control this questioning, permitting one
member to question at a time)
4. Objector to ask questions based on questions raised by the Board members.
5. Assessor to ask questions based on questions raised by the Board members.
ASSESSOR next:
6. Assessor provides evidence/testimony
7. Cross-examine by Objector--questions only
8. Rebuttal (re-direct) by Assessor
9. Board members to ask questions of Assessor
10. Assessor to ask questions based on questions raised by the Board members.
11. Objector to ask questions based on questions raised by the Board members.
Objector again--one more opportunity for rebuttal
Assessor again--one more opportunity for rebuttal
Board members again --one last opportunity for questions of either Objector or Assessor; technically,
Board cannot go back to testimony once the deliberations start.
The Chairman will then announce that the record is closed and the Board will deliberate.
NEEDS TO BE A CLEAR BREAK BETWEEN THE HEARING RECORD AND THE
DELIBERATIONS.
THE RECORD IS CLOSED, NO FURTHER TESTIMONY IS TAKEN UNLESS THE BOARD
SPECIFICALLY RECALLS A WITNESS.
MOVE ON TO DELIBERATIONS.
Chairman of the BOR Ask Clerk to fill out the Findings of Fact, Determinations and Decision Sheet.
DELIBERATIONS:
•
•
•
•
•
Must be done in open session.
Can be done immediately after the case is heard, or can be done at another time.
(Our Board's practice is to deliberate immediately)
The "Findings of Fact and Determinations" form must be used for a guide.
The Clerk will participate in completion of the findings sheet prior to the motion.
The decision must be based on the evidence presented.
Upon conclusion of deliberations and completion of the Findings of Fact and Determinations form,
the Chairman will ask for a motion:
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1.
A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows:
I move that, exercising its judgment and discretion, pursuant to Section 70.49(9)(a), Wis. Slats., the
Board of Review, by majority and roll call vote hereby determines:
(mark and state for the record all that apply)
•
that the Assessor's valuation is correct
•
that the Assessor presented evidence of the fair market value of the subject property
using assessment methods which conform to the statutory requirements and
which are outlined in the Wisconsin Property Assessment Manual;
•
that the taxpayer did not present sufficient evidence to rebut the presumption of
accuracy granted by law to the Assessor,
•
that the assessment is reasonable in light of all the relevant evidence,
•
and sustains the same as set by the Assessor.
•
(ADD in certain cases), the Board further finds that the taxpayers testimony is
insufficient to show that the assessment of comparable property in the
municipality is not uniform and the municipality has demonstrated the uniformity
of assessment.
(OR)
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2.
A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows:
I move that, exercising its judgment and discretion, pursuant to Section 70.49(9)(a), Wis.
Stats., the Board of Review, by majority and roll call vote hereby determines:
(mark and state for the record all that apply)

that the Assessor's valuation is incorrect

that the taxpayer has presented sufficient evidence to rebut the
presumption of accuracy granted by law to the Assessor;

that the taxpayer assessment is reasonable in light of all the relevant
evidence,

and hereby sets the new assessment at:
Land
$ _________________
Improvements $_________________
Total
$_________________
After motion to affirm or modify assessment, start procedure over again for the next case.
If no more cases, continue to review roll until the two hours is up. Then adjourn.
MOTIONS FOR ADJOURNING BOARD OF REVIEW:
Use the following motion to close Board of Review if after the statutory minimum of 2 hours no one else is
requesting a hearing:
Use the following motion to close Board of Review after holding any appointments and no other
appointments are scheduled:
Move to approve the (year) Assessment Roll as corrected by the Assessor and adjourn the Board of
Review subject to the Clerk’s satisfying the statutory duties.
Use the following motion if someone walks in without an appointment and requests to be heard:
Move to approve the (year) Assessment Roll as corrected by the Assessor except for VNT number
scheduled for (date & time must be 48 hours later, if refuses to waiver the 48 hour notice
requirement) or (24 hours later to meet the open meetings requirement.)
The above motions are from Attorney John Macy
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Board of Review Hearings Checklist
"The Basics"
John P. Macy
Arenz, Molter, Macy & Riffle, S.C.
720 N. East Avenue
Waukesha, WI 53186
(414) 548-1340
Clerk of the Board of Review
•
Clerk shall introduce the case.
•
Clerk to read basic information into record: property owner, property address, property tax key
number, property assessment per Assessor, property assessment per property owner.
•
Clerk asks all parties who are going to testify to stand and be sworn.
•
Clerk to swear all witnesses:
Sample oath: Do you all solemnly swear, in the matter now on
hearing, to tell the truth, the whole truth and nothing but the truth, so
help you God.
•
Clerk to give names of all sworn witnesses for the record.
•
Clerk to fill out Findings of Facts, Determinations and Decision sheet during the hearing.
Assessor
•
Cannot be a member of the Board of Review.
•
Must attend all sessions of the Board.
•
Is an expert.
•
Cannot run meeting or vote.
•
Is to assist Board.
•
Is not permitted to impeach affidavit.
•
Must submit to examination by Taxpayer and by the Board.
•
Has right to submit evidence sustaining the assessment.
•
Is required to provide full disclosure and make all books and records available.
•
At the hearing the Assessor should, in each case, submit credentials, definition of fair market value,
and basis for assessment.
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Taxpaver
•
•
•
•
•
•
Must file a written objection form.
o Approved forms may be required.
o Forms must be filed in a timely manner.
o Forms must be filled out completely.
o Taxpayer must indicate value.
o Failure to answer all questions on form may be basis for refusal to hear objection.
Barred from contesting assessment if Assessor made reasonable written request by certified mail
to the view the property.
Written appraisals will only be considered as evidence of value if the Taxpayer also presents the
Appraiser who prepared the appraisal to present sworn testimony in support of the appraisal and to
answer question and cross-examination.
Evidence of assessments on other properties should generally not be considered for purposes of
establishing the fair market value of the subject property, but may be considered for purposes of
reviewing uniformity of taxation issues.
Taxpayer has burden of overcoming presumption of validity granted by law to Assessor's valuation.
Taxpayer's evidence must conform to the statutory criteria and Wisconsin Property Assessment
Manual.
Board of Review
•
•
•
•
•
•
•
•
•
•
•
•
Quasi-Judicial Body.
o Members are to sit as judges to hear evidence.
Does not independently set valuation.
Does not do-over the work of the Assessor.
Cannot substitute your judgment or idea for value of the Assessor's.
Cannot change any value as fixed by the Assessor, except upon sworn oral testimony produced for
that purpose.
Shall correct all errors in description and computations.
May subpoena witnesses, if necessary.
Makes decisions based on evidence presented by persons under oath.
The Board is not an assessing body.
The Board function is not one of valuation.
The Board is bound to accept the Assessor's assessment as correct unless there is competent
testimony not contradicted by other evidence that proves the assessment to be incorrect,
The Board cannot rule on whether a property has exempt status.
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Board of Review Hearings
•
•
•
•
All meetings of the Board of Review shall be publicly held and open to all citizens at all times and
no formal action of any kind shall be introduced or adopted at any closed session.
Hearings are taped for purposes of creating a record of proceedings, so all persons speaking at
hearing shall speak clearly and identify themselves.
Hearings are conducted much as in a court of law.
Evidence is presented through sworn testimony with cross-examination of witnesses.
Method of Valuation
•
•
•
•
Recent sale of the property. Sale must be in "arms-length" transaction in order to be used as
evidence of value. Sales to relatives, sales under distressed circumstances, etc., cannot be used.
Recent sales of other comparable properties.
Other evidence of value.
The best evidence of value will generally be either a recent sale price of a subject property or
recent sale prices for the other comparable properties.
The Four Golden Rules
•
•
•
•
The Assessor's values presumed to be correct unless proved otherwise.
The Board cannot change any value as fixed by the Assessor except upon evidence presented to
it by persons under oath.
The evidence must be factual in nature. Not just a matter of opinion.
A small percentage difference between the market value established by the Assessor and the
Taxpayer's idea of value usually is not sufficient to warrant a change by the Board of Review.
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City of Delafield Board of Review
Findings of Fact, Determinations and Decision
PROPERTY IDENTIFICATION AND FINDINGS OF FACT
Assessment Year
2015
Tax Key Number
0801.999.009
Personal Property Account Number
(if applicable)
2901 Golf Road
Delafield, WI 53018
Property Address
Property Owner
Walgreen Co.
Land
$1152300
January 1, 2015 Assessment Value
Hearing Date & Time
Imp
$1990100
Total
$3142400
Wednesday, May 20, 2015
6:00PM
Sworn testimony by Property Owner/Objector
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Hearing Date & Time
Recent sales of comparable properties
If yes: a total number of other properties were
presented
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony on behalf of property
owner/objector was presented by following
other
Summary of testimony of other witnesses’
for objector (if any)
Sworn Testimony By Assessor
Estimated level of assessment for the current
year is
%
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony (if any) on behalf of the
assessor was presented by
Summary of testimony of other witnesses’
for assessor (if any)
DETERMINATIONS
The assessor’s estimated level of assessment*
of the municipality has been determined to be
The board finds that there was a recent sale
of the subject property
%
Yes
No
The sale was an arms-length transaction
Yes
No
The sale was representative of the value as of
January
Yes
No
The board finds that the sale supports the
assessment
Yes
No
If all answers are 'yes', what is the sale price
$
What if any adjustments, based on the
evidence presented, should be made for
such considerations as time between the
date of sale and the January 1 assessment
date, non-market class value in the selling
price (ag-use value and fractionally
assessed classes), and/or other physical
changes that occurred to the property
between the sale date and the January 1
assessment date?
What is the full taxable value
$
If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D,
Decision, check all that apply and determine the assessed value
The Board of Review finds that there are
recent sales of comparable properties
Yes
No
If yes, answer the following
Property Owner: Did the Property Owner
present testimony of recent sales of
Yes
No
comparable properties in the market area?
If yes, were the attributes satisfactorily
Yes
No
adjusted for their differences from the subject
and their contribution to value?
Assessor: Did the Assessor presented
testimony of recent sales of comparable
Yes
No
properties in the market area?
If yes, were the attributes satisfactorily
adjusted for No Yes their differences from the
Yes
No
from the subject and their contribution to
value?
Conclusion. List the properties and values that
the BOR relies on to make it’s determination as to
the Fair Market Value
The Board of Review finds that the
Yes
No
assessment should be based on other
factors
If Yes, List the factors that the Board of Review
relies on to make its determination as to fair
market value
What was the most credible evidence
presented?
DECISION
Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board
of Review by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is correct;
o that the Assessor presented evidence of the fair market value of the subject property using
assessment methods which conform to the statutory requirements and which are outlined in
the Wisconsin Property Assessment Manual;
o that the Assessor presented evidence of the proper classification of the subject property
using assessment methods which conform to the statutory requirements and which are
outlined in the Wisconsin Property Assessment Manual
o that the proper use values were applied to the agricultural land
o that the proper fractional assessments were applied to undeveloped land and agricultural
forest land classifications
o that the property owner did not present sufficient evidence to rebut the presumption of
correctness granted by law to the Assessor
o
o
that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains
the same valuation as set by the Assessor;
(in certain cases), It is not relevant to present assessments of other properties as a basis
for the market value of the appeal property
OR
Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the
Board of Review, by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is
incorrect;
o that the property owner has presented
sufficient evidence to rebut the
presumption of correctness granted by
law to the Assessor;
Land
Improvements
Total
o that the property owner’s valuation is
$
$
$
reasonable in light of the relevant
evidence
o that the full value of the property is
o that the level of assessment of the
municipality is at %
Land
Improvements
Total
and hereby sets the new assessment at
$
$
$
I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the
Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision
on this 20th day of May, 2015.
Name of Board of Review Member
Michele DeYoe
Kent Attwell
Jim Behrend
Jackie Valde
Chris Smith
Matt Grimmer
Al Zietlow
Tim Aicher
______________________________________
Clerk of Board of Review
Yes
No
*
DELIBERATIONS
 Must be held in open session.
 Can be done immediately after the case is heard, or can be done at another time. If
later, the taxpayer should be advised of the time their case is to be deliberated.
 The “Findings of Fact, Determination, and Decision” form may be used.
 The Board of Review clerk will participate in completion of the “Findings of Fact,
Determination and Decision” form prior to the motion.
 The Board of Review decision must be based on the evidence presented.
Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination,
and Decision” form, the Chairperson will ask for a motion:
1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows:
I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis.
Statutes the Board of Review, by majority and roll call vote hereby determines:
(mark and state for the record all that apply)
 that the Assessor’s valuation is correct;
 that the Assessor presented evidence of the fair market value of the subject
property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual;
 that the Assessor presented evidence of the proper classification of the
subject property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual
 that the proper use values were applied to the agricultural land
 that the proper fractional assessments were applied to undeveloped land and
agricultural forest land classifications
 that the property owner did not present sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the Assessor’s valuation is reasonable in light of all the relevant
evidence;
 and sustains the same valuation as set by the Assessor;
 (in certain cases), It is not relevant to present assessments of other properties
as a basis for the market value of the appeal property
OR
2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising
its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by
majority and roll call vote hereby determines: (mark and state for the record all that apply);
 that the Assessor’s valuation is incorrect;
 that the property owner has presented sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the property owner’s valuation is reasonable in light of the relevant
evidence;
 that the full value of the property is:
Land:
Improvements:
Total:
 that the aggregate level of assessment of the municipality is at
 and hereby sets the new assessment at
Land:
Improvements:
Total:
{Note for Minutes}
Name of BOR member who made motion:
Name of BOR member who seconded motion:
to adopt this motion on this
day of
, 20
.
Clerk of Board of Review
{Either of these motions should be made and seconded by a member of the Board of Review based
upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision
form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be
consistent with the motion as made and adopted by the Board of Review. The clerk should record
the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event
of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9)
(a) of the Wis. Statutes.}
* This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and
the Equalization Directors and staff at the Wisconsin Department of Revenue.
City of Delafield Board of Review
Findings of Fact, Determinations and Decision
PROPERTY IDENTIFICATION AND FINDINGS OF FACT
Assessment Year
2015
Tax Key Number
0804.999.008
Personal Property Account Number
(if applicable)
3220 Golf Road
Delafield, WI 53018
Property Address
Shoppes at Nagawicka - Best Buy
**REQUEST WAIVER**
Property Owner
Imp
$5654200
January 1, 2015 Assessment Value
Land
$24200
Hearing Date & Time
Wednesday, May 20, 2015
Total
$5678400
630PM
Sworn testimony by Property Owner/Objector
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Hearing Date & Time
Recent sales of comparable properties
If yes: a total number of other properties were
presented
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony on behalf of property
owner/objector was presented by following
other
Summary of testimony of other witnesses’
for objector (if any)
Sworn Testimony By Assessor
Estimated level of assessment for the current
year is
%
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony (if any) on behalf of the
assessor was presented by
Summary of testimony of other witnesses’
for assessor (if any)
DETERMINATIONS
The assessor’s estimated level of assessment*
of the municipality has been determined to be
The board finds that there was a recent sale
of the subject property
%
Yes
No
The sale was an arms-length transaction
Yes
No
The sale was representative of the value as of
January
Yes
No
The board finds that the sale supports the
assessment
Yes
No
If all answers are 'yes', what is the sale price
$
What if any adjustments, based on the
evidence presented, should be made for
such considerations as time between the
date of sale and the January 1 assessment
date, non-market class value in the selling
price (ag-use value and fractionally
assessed classes), and/or other physical
changes that occurred to the property
between the sale date and the January 1
assessment date?
What is the full taxable value
$
If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D,
Decision, check all that apply and determine the assessed value
The Board of Review finds that there are
recent sales of comparable properties
Yes
No
If yes, answer the following
Property Owner: Did the Property Owner
present testimony of recent sales of
Yes
No
comparable properties in the market area?
If yes, were the attributes satisfactorily
Yes
No
adjusted for their differences from the subject
and their contribution to value?
Assessor: Did the Assessor presented
testimony of recent sales of comparable
Yes
No
properties in the market area?
If yes, were the attributes satisfactorily
adjusted for No Yes their differences from the
Yes
No
from the subject and their contribution to
value?
Conclusion. List the properties and values that
the BOR relies on to make it’s determination as to
the Fair Market Value
The Board of Review finds that the
Yes
No
assessment should be based on other
factors
If Yes, List the factors that the Board of Review
relies on to make its determination as to fair
market value
What was the most credible evidence
presented?
DECISION
Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board
of Review by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is correct;
o that the Assessor presented evidence of the fair market value of the subject property using
assessment methods which conform to the statutory requirements and which are outlined in
the Wisconsin Property Assessment Manual;
o that the Assessor presented evidence of the proper classification of the subject property
using assessment methods which conform to the statutory requirements and which are
outlined in the Wisconsin Property Assessment Manual
o that the proper use values were applied to the agricultural land
o that the proper fractional assessments were applied to undeveloped land and agricultural
forest land classifications
o that the property owner did not present sufficient evidence to rebut the presumption of
correctness granted by law to the Assessor
o
o
that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains
the same valuation as set by the Assessor;
(in certain cases), It is not relevant to present assessments of other properties as a basis
for the market value of the appeal property
OR
Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the
Board of Review, by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is
incorrect;
o that the property owner has presented
sufficient evidence to rebut the
presumption of correctness granted by
law to the Assessor;
Land
Improvements
Total
o that the property owner’s valuation is
$
$
$
reasonable in light of the relevant
evidence
o that the full value of the property is
o that the level of assessment of the
municipality is at %
Land
Improvements
Total
and hereby sets the new assessment at
$
$
$
I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the
Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision
on this 20th day of May, 2015.
Name of Board of Review Member
Michele DeYoe
Kent Attwell
Jim Behrend
Jackie Valde
Chris Smith
Matt Grimmer
Al Zietlow
Tim Aicher
______________________________________
Clerk of Board of Review
Yes
No
*
DELIBERATIONS
 Must be held in open session.
 Can be done immediately after the case is heard, or can be done at another time. If
later, the taxpayer should be advised of the time their case is to be deliberated.
 The “Findings of Fact, Determination, and Decision” form may be used.
 The Board of Review clerk will participate in completion of the “Findings of Fact,
Determination and Decision” form prior to the motion.
 The Board of Review decision must be based on the evidence presented.
Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination,
and Decision” form, the Chairperson will ask for a motion:
1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows:
I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis.
Statutes the Board of Review, by majority and roll call vote hereby determines:
(mark and state for the record all that apply)
 that the Assessor’s valuation is correct;
 that the Assessor presented evidence of the fair market value of the subject
property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual;
 that the Assessor presented evidence of the proper classification of the
subject property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual
 that the proper use values were applied to the agricultural land
 that the proper fractional assessments were applied to undeveloped land and
agricultural forest land classifications
 that the property owner did not present sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the Assessor’s valuation is reasonable in light of all the relevant
evidence;
 and sustains the same valuation as set by the Assessor;
 (in certain cases), It is not relevant to present assessments of other properties
as a basis for the market value of the appeal property
OR
2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising
its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by
majority and roll call vote hereby determines: (mark and state for the record all that apply);
 that the Assessor’s valuation is incorrect;
 that the property owner has presented sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the property owner’s valuation is reasonable in light of the relevant
evidence;
 that the full value of the property is:
Land:
Improvements:
Total:
 that the aggregate level of assessment of the municipality is at
 and hereby sets the new assessment at
Land:
Improvements:
Total:
{Note for Minutes}
Name of BOR member who made motion:
Name of BOR member who seconded motion:
to adopt this motion on this
day of
, 20
.
Clerk of Board of Review
{Either of these motions should be made and seconded by a member of the Board of Review based
upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision
form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be
consistent with the motion as made and adopted by the Board of Review. The clerk should record
the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event
of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9)
(a) of the Wis. Statutes.}
* This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and
the Equalization Directors and staff at the Wisconsin Department of Revenue.
City of Delafield Board of Review
Findings of Fact, Determinations and Decision
PROPERTY IDENTIFICATION AND FINDINGS OF FACT
Assessment Year
2015
Tax Key Number
0804.983
Personal Property Account Number
(if applicable)
3175 Hillside Drive
Delafield, WI 53018
Property Address
Property Owner
Meridian Hillside LLC - KinderCare
Imp
$881400
January 1, 2015 Assessment Value
Land
$789800
Hearing Date & Time
Wednesday, May 20, 2015
Total
$1671200
7:00PM
Sworn testimony by Property Owner/Objector
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Hearing Date & Time
Recent sales of comparable properties
If yes: a total number of other properties were
presented
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony on behalf of property
owner/objector was presented by following
other
Summary of testimony of other witnesses’
for objector (if any)
Sworn Testimony By Assessor
Estimated level of assessment for the current
year is
%
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony (if any) on behalf of the
assessor was presented by
Summary of testimony of other witnesses’
for assessor (if any)
DETERMINATIONS
The assessor’s estimated level of assessment*
of the municipality has been determined to be
The board finds that there was a recent sale
of the subject property
%
Yes
No
The sale was an arms-length transaction
Yes
No
The sale was representative of the value as of
January
Yes
No
The board finds that the sale supports the
assessment
Yes
No
If all answers are 'yes', what is the sale price
$
What if any adjustments, based on the
evidence presented, should be made for
such considerations as time between the
date of sale and the January 1 assessment
date, non-market class value in the selling
price (ag-use value and fractionally
assessed classes), and/or other physical
changes that occurred to the property
between the sale date and the January 1
assessment date?
What is the full taxable value
$
If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D,
Decision, check all that apply and determine the assessed value
The Board of Review finds that there are
recent sales of comparable properties
Yes
No
If yes, answer the following
Property Owner: Did the Property Owner
present testimony of recent sales of
Yes
No
comparable properties in the market area?
If yes, were the attributes satisfactorily
Yes
No
adjusted for their differences from the subject
and their contribution to value?
Assessor: Did the Assessor presented
testimony of recent sales of comparable
Yes
No
properties in the market area?
If yes, were the attributes satisfactorily
adjusted for No Yes their differences from the
Yes
No
from the subject and their contribution to
value?
Conclusion. List the properties and values that
the BOR relies on to make it’s determination as to
the Fair Market Value
The Board of Review finds that the
Yes
No
assessment should be based on other
factors
If Yes, List the factors that the Board of Review
relies on to make its determination as to fair
market value
What was the most credible evidence
presented?
DECISION
Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board
of Review by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is correct;
o that the Assessor presented evidence of the fair market value of the subject property using
assessment methods which conform to the statutory requirements and which are outlined in
the Wisconsin Property Assessment Manual;
o that the Assessor presented evidence of the proper classification of the subject property
using assessment methods which conform to the statutory requirements and which are
outlined in the Wisconsin Property Assessment Manual
o that the proper use values were applied to the agricultural land
o that the proper fractional assessments were applied to undeveloped land and agricultural
forest land classifications
o that the property owner did not present sufficient evidence to rebut the presumption of
correctness granted by law to the Assessor
o
o
that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains
the same valuation as set by the Assessor;
(in certain cases), It is not relevant to present assessments of other properties as a basis
for the market value of the appeal property
OR
Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the
Board of Review, by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is
incorrect;
o that the property owner has presented
sufficient evidence to rebut the
presumption of correctness granted by
law to the Assessor;
Land
Improvements
Total
o that the property owner’s valuation is
$
$
$
reasonable in light of the relevant
evidence
o that the full value of the property is
o that the level of assessment of the
municipality is at %
Land
Improvements
Total
and hereby sets the new assessment at
$
$
$
I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the
Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision
on this 20th day of May, 2015.
Name of Board of Review Member
Michele DeYoe
Kent Attwell
Jim Behrend
Jackie Valde
Chris Smith
Matt Grimmer
Al Zietlow
Tim Aicher
______________________________________
Clerk of Board of Review
Yes
No
*
DELIBERATIONS
 Must be held in open session.
 Can be done immediately after the case is heard, or can be done at another time. If
later, the taxpayer should be advised of the time their case is to be deliberated.
 The “Findings of Fact, Determination, and Decision” form may be used.
 The Board of Review clerk will participate in completion of the “Findings of Fact,
Determination and Decision” form prior to the motion.
 The Board of Review decision must be based on the evidence presented.
Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination,
and Decision” form, the Chairperson will ask for a motion:
1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows:
I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis.
Statutes the Board of Review, by majority and roll call vote hereby determines:
(mark and state for the record all that apply)
 that the Assessor’s valuation is correct;
 that the Assessor presented evidence of the fair market value of the subject
property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual;
 that the Assessor presented evidence of the proper classification of the
subject property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual
 that the proper use values were applied to the agricultural land
 that the proper fractional assessments were applied to undeveloped land and
agricultural forest land classifications
 that the property owner did not present sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the Assessor’s valuation is reasonable in light of all the relevant
evidence;
 and sustains the same valuation as set by the Assessor;
 (in certain cases), It is not relevant to present assessments of other properties
as a basis for the market value of the appeal property
OR
2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising
its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by
majority and roll call vote hereby determines: (mark and state for the record all that apply);
 that the Assessor’s valuation is incorrect;
 that the property owner has presented sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the property owner’s valuation is reasonable in light of the relevant
evidence;
 that the full value of the property is:
Land:
Improvements:
Total:
 that the aggregate level of assessment of the municipality is at
 and hereby sets the new assessment at
Land:
Improvements:
Total:
{Note for Minutes}
Name of BOR member who made motion:
Name of BOR member who seconded motion:
to adopt this motion on this
day of
, 20
.
Clerk of Board of Review
{Either of these motions should be made and seconded by a member of the Board of Review based
upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision
form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be
consistent with the motion as made and adopted by the Board of Review. The clerk should record
the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event
of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9)
(a) of the Wis. Statutes.}
* This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and
the Equalization Directors and staff at the Wisconsin Department of Revenue.
City of Delafield Board of Review
Findings of Fact, Determinations and Decision
PROPERTY IDENTIFICATION AND FINDINGS OF FACT
Assessment Year
2015
Tax Key Number
0804.995
Personal Property Account Number
(if applicable)
2725 Heritage Drive
Delafield, WI 53018
Property Address
Property Owner
CAVC Holdings WI. LLC - Burger King
Imp
$482200
January 1, 2015 Assessment Value
Land
$628700
Hearing Date & Time
Wednesday, May 20, 2015
Total
$1110900
7:30PM
Sworn testimony by Property Owner/Objector
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Hearing Date & Time
Recent sales of comparable properties
If yes: a total number of other properties were
presented
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony on behalf of property
owner/objector was presented by following
other
Summary of testimony of other witnesses’
for objector (if any)
Sworn Testimony By Assessor
Estimated level of assessment for the current
year is
%
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony (if any) on behalf of the
assessor was presented by
Summary of testimony of other witnesses’
for assessor (if any)
DETERMINATIONS
The assessor’s estimated level of assessment*
of the municipality has been determined to be
The board finds that there was a recent sale
of the subject property
%
Yes
No
The sale was an arms-length transaction
Yes
No
The sale was representative of the value as of
January
Yes
No
The board finds that the sale supports the
assessment
Yes
No
If all answers are 'yes', what is the sale price
$
What if any adjustments, based on the
evidence presented, should be made for
such considerations as time between the
date of sale and the January 1 assessment
date, non-market class value in the selling
price (ag-use value and fractionally
assessed classes), and/or other physical
changes that occurred to the property
between the sale date and the January 1
assessment date?
What is the full taxable value
$
If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D,
Decision, check all that apply and determine the assessed value
The Board of Review finds that there are
recent sales of comparable properties
Yes
No
If yes, answer the following
Property Owner: Did the Property Owner
present testimony of recent sales of
Yes
No
comparable properties in the market area?
If yes, were the attributes satisfactorily
Yes
No
adjusted for their differences from the subject
and their contribution to value?
Assessor: Did the Assessor presented
testimony of recent sales of comparable
Yes
No
properties in the market area?
If yes, were the attributes satisfactorily
adjusted for No Yes their differences from the
Yes
No
from the subject and their contribution to
value?
Conclusion. List the properties and values that
the BOR relies on to make it’s determination as to
the Fair Market Value
The Board of Review finds that the
Yes
No
assessment should be based on other
factors
If Yes, List the factors that the Board of Review
relies on to make its determination as to fair
market value
What was the most credible evidence
presented?
DECISION
Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board
of Review by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is correct;
o that the Assessor presented evidence of the fair market value of the subject property using
assessment methods which conform to the statutory requirements and which are outlined in
the Wisconsin Property Assessment Manual;
o that the Assessor presented evidence of the proper classification of the subject property
using assessment methods which conform to the statutory requirements and which are
outlined in the Wisconsin Property Assessment Manual
o that the proper use values were applied to the agricultural land
o that the proper fractional assessments were applied to undeveloped land and agricultural
forest land classifications
o that the property owner did not present sufficient evidence to rebut the presumption of
correctness granted by law to the Assessor
o
o
that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains
the same valuation as set by the Assessor;
(in certain cases), It is not relevant to present assessments of other properties as a basis
for the market value of the appeal property
OR
Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the
Board of Review, by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is
incorrect;
o that the property owner has presented
sufficient evidence to rebut the
presumption of correctness granted by
law to the Assessor;
Land
Improvements
Total
o that the property owner’s valuation is
$
$
$
reasonable in light of the relevant
evidence
o that the full value of the property is
o that the level of assessment of the
municipality is at %
Land
Improvements
Total
and hereby sets the new assessment at
$
$
$
I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the
Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision
on this 20th day of May, 2015.
Name of Board of Review Member
Michele DeYoe
Kent Attwell
Jim Behrend
Jackie Valde
Chris Smith
Matt Grimmer
Al Zietlow
Tim Aicher
______________________________________
Clerk of Board of Review
Yes
No
*
DELIBERATIONS
 Must be held in open session.
 Can be done immediately after the case is heard, or can be done at another time. If
later, the taxpayer should be advised of the time their case is to be deliberated.
 The “Findings of Fact, Determination, and Decision” form may be used.
 The Board of Review clerk will participate in completion of the “Findings of Fact,
Determination and Decision” form prior to the motion.
 The Board of Review decision must be based on the evidence presented.
Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination,
and Decision” form, the Chairperson will ask for a motion:
1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows:
I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis.
Statutes the Board of Review, by majority and roll call vote hereby determines:
(mark and state for the record all that apply)
 that the Assessor’s valuation is correct;
 that the Assessor presented evidence of the fair market value of the subject
property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual;
 that the Assessor presented evidence of the proper classification of the
subject property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual
 that the proper use values were applied to the agricultural land
 that the proper fractional assessments were applied to undeveloped land and
agricultural forest land classifications
 that the property owner did not present sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the Assessor’s valuation is reasonable in light of all the relevant
evidence;
 and sustains the same valuation as set by the Assessor;
 (in certain cases), It is not relevant to present assessments of other properties
as a basis for the market value of the appeal property
OR
2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising
its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by
majority and roll call vote hereby determines: (mark and state for the record all that apply);
 that the Assessor’s valuation is incorrect;
 that the property owner has presented sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the property owner’s valuation is reasonable in light of the relevant
evidence;
 that the full value of the property is:
Land:
Improvements:
Total:
 that the aggregate level of assessment of the municipality is at
 and hereby sets the new assessment at
Land:
Improvements:
Total:
{Note for Minutes}
Name of BOR member who made motion:
Name of BOR member who seconded motion:
to adopt this motion on this
day of
, 20
.
Clerk of Board of Review
{Either of these motions should be made and seconded by a member of the Board of Review based
upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision
form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be
consistent with the motion as made and adopted by the Board of Review. The clerk should record
the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event
of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9)
(a) of the Wis. Statutes.}
* This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and
the Equalization Directors and staff at the Wisconsin Department of Revenue.
City of Delafield Board of Review
Findings of Fact, Determinations and Decision
PROPERTY IDENTIFICATION AND FINDINGS OF FACT
Assessment Year
2015
Tax Key Number
0804.999.002
Personal Property Account Number
(if applicable)
3105 Golf Road
Delafield, WI 53018
Property Address
Property Owner
Ramco-Gershenson Properties, L.P. - Kohls
Land
$2419800
January 1, 2015 Assessment Value
Hearing Date & Time
Imp
$7315500
Total
$9735300
Wednesday, May 20, 2015
8:00PM
Sworn testimony by Property Owner/Objector
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Hearing Date & Time
Recent sales of comparable properties
If yes: a total number of other properties were
presented
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony on behalf of property
owner/objector was presented by following
other
Summary of testimony of other witnesses’
for objector (if any)
Sworn Testimony By Assessor
Estimated level of assessment for the current
year is
%
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony (if any) on behalf of the
assessor was presented by
Summary of testimony of other witnesses’
for assessor (if any)
DETERMINATIONS
The assessor’s estimated level of assessment*
of the municipality has been determined to be
The board finds that there was a recent sale
of the subject property
%
Yes
No
The sale was an arms-length transaction
Yes
No
The sale was representative of the value as of
January
Yes
No
The board finds that the sale supports the
assessment
Yes
No
If all answers are 'yes', what is the sale price
$
What if any adjustments, based on the
evidence presented, should be made for
such considerations as time between the
date of sale and the January 1 assessment
date, non-market class value in the selling
price (ag-use value and fractionally
assessed classes), and/or other physical
changes that occurred to the property
between the sale date and the January 1
assessment date?
What is the full taxable value
$
If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D,
Decision, check all that apply and determine the assessed value
The Board of Review finds that there are
recent sales of comparable properties
Yes
No
If yes, answer the following
Property Owner: Did the Property Owner
present testimony of recent sales of
Yes
No
comparable properties in the market area?
If yes, were the attributes satisfactorily
Yes
No
adjusted for their differences from the subject
and their contribution to value?
Assessor: Did the Assessor presented
testimony of recent sales of comparable
Yes
No
properties in the market area?
If yes, were the attributes satisfactorily
adjusted for No Yes their differences from the
Yes
No
from the subject and their contribution to
value?
Conclusion. List the properties and values that
the BOR relies on to make it’s determination as to
the Fair Market Value
The Board of Review finds that the
Yes
No
assessment should be based on other
factors
If Yes, List the factors that the Board of Review
relies on to make its determination as to fair
market value
What was the most credible evidence
presented?
DECISION
Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board
of Review by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is correct;
o that the Assessor presented evidence of the fair market value of the subject property using
assessment methods which conform to the statutory requirements and which are outlined in
the Wisconsin Property Assessment Manual;
o that the Assessor presented evidence of the proper classification of the subject property
using assessment methods which conform to the statutory requirements and which are
outlined in the Wisconsin Property Assessment Manual
o that the proper use values were applied to the agricultural land
o that the proper fractional assessments were applied to undeveloped land and agricultural
forest land classifications
o that the property owner did not present sufficient evidence to rebut the presumption of
correctness granted by law to the Assessor
o
o
that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains
the same valuation as set by the Assessor;
(in certain cases), It is not relevant to present assessments of other properties as a basis
for the market value of the appeal property
OR
Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the
Board of Review, by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is
incorrect;
o that the property owner has presented
sufficient evidence to rebut the
presumption of correctness granted by
law to the Assessor;
Land
Improvements
Total
o that the property owner’s valuation is
$
$
$
reasonable in light of the relevant
evidence
o that the full value of the property is
o that the level of assessment of the
municipality is at %
Land
Improvements
Total
and hereby sets the new assessment at
$
$
$
I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the
Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision
on this 20th day of May, 2015.
Name of Board of Review Member
Michele DeYoe
Kent Attwell
Jim Behrend
Jackie Valde
Chris Smith
Matt Grimmer
Al Zietlow
Tim Aicher
______________________________________
Clerk of Board of Review
Yes
No
*
DELIBERATIONS
 Must be held in open session.
 Can be done immediately after the case is heard, or can be done at another time. If
later, the taxpayer should be advised of the time their case is to be deliberated.
 The “Findings of Fact, Determination, and Decision” form may be used.
 The Board of Review clerk will participate in completion of the “Findings of Fact,
Determination and Decision” form prior to the motion.
 The Board of Review decision must be based on the evidence presented.
Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination,
and Decision” form, the Chairperson will ask for a motion:
1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows:
I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis.
Statutes the Board of Review, by majority and roll call vote hereby determines:
(mark and state for the record all that apply)
 that the Assessor’s valuation is correct;
 that the Assessor presented evidence of the fair market value of the subject
property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual;
 that the Assessor presented evidence of the proper classification of the
subject property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual
 that the proper use values were applied to the agricultural land
 that the proper fractional assessments were applied to undeveloped land and
agricultural forest land classifications
 that the property owner did not present sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the Assessor’s valuation is reasonable in light of all the relevant
evidence;
 and sustains the same valuation as set by the Assessor;
 (in certain cases), It is not relevant to present assessments of other properties
as a basis for the market value of the appeal property
OR
2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising
its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by
majority and roll call vote hereby determines: (mark and state for the record all that apply);
 that the Assessor’s valuation is incorrect;
 that the property owner has presented sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the property owner’s valuation is reasonable in light of the relevant
evidence;
 that the full value of the property is:
Land:
Improvements:
Total:
 that the aggregate level of assessment of the municipality is at
 and hereby sets the new assessment at
Land:
Improvements:
Total:
{Note for Minutes}
Name of BOR member who made motion:
Name of BOR member who seconded motion:
to adopt this motion on this
day of
, 20
.
Clerk of Board of Review
{Either of these motions should be made and seconded by a member of the Board of Review based
upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision
form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be
consistent with the motion as made and adopted by the Board of Review. The clerk should record
the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event
of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9)
(a) of the Wis. Statutes.}
* This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and
the Equalization Directors and staff at the Wisconsin Department of Revenue.
City of Delafield Board of Review
Findings of Fact, Determinations and Decision
PROPERTY IDENTIFICATION AND FINDINGS OF FACT
Assessment Year
2015
Tax Key Number
0804.994.019
Personal Property Account Number
(if applicable)
2736 Hillside Drive
Delafield, WI 53018
Property Address
Property Owner
Hillside Terrace Shopping Center
Imp
$3008900
January 1, 2015 Assessment Value
Land
$912900
Hearing Date & Time
Wednesday, May 20, 2015
Total
$3921800
8:30PM
Sworn testimony by Property Owner/Objector
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Hearing Date & Time
Recent sales of comparable properties
If yes: a total number of other properties were
presented
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony on behalf of property
owner/objector was presented by following
other
Summary of testimony of other witnesses’
for objector (if any)
Sworn Testimony By Assessor
Estimated level of assessment for the current
year is
%
A recent sale of the subject property
If yes: The subject property was sold for
Yes
No
Yes
No
Yes
No
$
Date of Sale
Addresses of those properties
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Other factors or reasons (if presented)
If yes: List of summary factors or reasons
presented by property owner/objector
Sworn testimony (if any) on behalf of the
assessor was presented by
Summary of testimony of other witnesses’
for assessor (if any)
DETERMINATIONS
The assessor’s estimated level of assessment*
of the municipality has been determined to be
The board finds that there was a recent sale
of the subject property
%
Yes
No
The sale was an arms-length transaction
Yes
No
The sale was representative of the value as of
January
Yes
No
The board finds that the sale supports the
assessment
Yes
No
If all answers are 'yes', what is the sale price
$
What if any adjustments, based on the
evidence presented, should be made for
such considerations as time between the
date of sale and the January 1 assessment
date, non-market class value in the selling
price (ag-use value and fractionally
assessed classes), and/or other physical
changes that occurred to the property
between the sale date and the January 1
assessment date?
What is the full taxable value
$
If responses in 2 thru 2c were "yes", upon completion of the section proceed to section D,
Decision, check all that apply and determine the assessed value
The Board of Review finds that there are
recent sales of comparable properties
Yes
No
If yes, answer the following
Property Owner: Did the Property Owner
present testimony of recent sales of
Yes
No
comparable properties in the market area?
If yes, were the attributes satisfactorily
Yes
No
adjusted for their differences from the subject
and their contribution to value?
Assessor: Did the Assessor presented
testimony of recent sales of comparable
Yes
No
properties in the market area?
If yes, were the attributes satisfactorily
adjusted for No Yes their differences from the
Yes
No
from the subject and their contribution to
value?
Conclusion. List the properties and values that
the BOR relies on to make it’s determination as to
the Fair Market Value
The Board of Review finds that the
Yes
No
assessment should be based on other
factors
If Yes, List the factors that the Board of Review
relies on to make its determination as to fair
market value
What was the most credible evidence
presented?
DECISION
Exercising its judgment and discretion, pursuant to § 70.47(9)(a) of Wis. Statutes, the Board
of Review by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is correct;
o that the Assessor presented evidence of the fair market value of the subject property using
assessment methods which conform to the statutory requirements and which are outlined in
the Wisconsin Property Assessment Manual;
o that the Assessor presented evidence of the proper classification of the subject property
using assessment methods which conform to the statutory requirements and which are
outlined in the Wisconsin Property Assessment Manual
o that the proper use values were applied to the agricultural land
o that the proper fractional assessments were applied to undeveloped land and agricultural
forest land classifications
o that the property owner did not present sufficient evidence to rebut the presumption of
correctness granted by law to the Assessor
o
o
that the Assessor’s valuation is reasonable in light of all the relevant evidence and sustains
the same valuation as set by the Assessor;
(in certain cases), It is not relevant to present assessments of other properties as a basis
for the market value of the appeal property
OR
Exercising its judgment and discretion, pursuant to § 70.47 (9)(a) of Wis. Statutes, the
Board of Review, by majority and roll call vote hereby determine: (mark all that apply)
o that the Assessor’s valuation is
incorrect;
o that the property owner has presented
sufficient evidence to rebut the
presumption of correctness granted by
law to the Assessor;
Land
Improvements
Total
o that the property owner’s valuation is
$
$
$
reasonable in light of the relevant
evidence
o that the full value of the property is
o that the level of assessment of the
municipality is at %
Land
Improvements
Total
and hereby sets the new assessment at
$
$
$
I, Gina C. Gresch, Clerk of the Board of Review, do hereby certify that the members of the
Board of Review voted as follows to adopt these Findings of Fact, Determination and Decision
on this 20th day of May, 2015.
Name of Board of Review Member
Michele DeYoe
Kent Attwell
Jim Behrend
Jackie Valde
Chris Smith
Matt Grimmer
Al Zietlow
Tim Aicher
______________________________________
Clerk of Board of Review
Yes
No
*
DELIBERATIONS
 Must be held in open session.
 Can be done immediately after the case is heard, or can be done at another time. If
later, the taxpayer should be advised of the time their case is to be deliberated.
 The “Findings of Fact, Determination, and Decision” form may be used.
 The Board of Review clerk will participate in completion of the “Findings of Fact,
Determination and Decision” form prior to the motion.
 The Board of Review decision must be based on the evidence presented.
Upon conclusion of the deliberations and completion of the “Findings of Fact, Determination,
and Decision” form, the Chairperson will ask for a motion:
1. A MOTION TO AFFIRM THE ASSESSMENT, should be stated as follows:
I move that, exercising its judgment and discretion, pursuant to § 70.47(9)(a) of the Wis.
Statutes the Board of Review, by majority and roll call vote hereby determines:
(mark and state for the record all that apply)
 that the Assessor’s valuation is correct;
 that the Assessor presented evidence of the fair market value of the subject
property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual;
 that the Assessor presented evidence of the proper classification of the
subject property using assessment methods which conform to the statutory
requirements and which are outlined in the Wisconsin Property Assessment
Manual
 that the proper use values were applied to the agricultural land
 that the proper fractional assessments were applied to undeveloped land and
agricultural forest land classifications
 that the property owner did not present sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the Assessor’s valuation is reasonable in light of all the relevant
evidence;
 and sustains the same valuation as set by the Assessor;
 (in certain cases), It is not relevant to present assessments of other properties
as a basis for the market value of the appeal property
OR
2. A MOTION TO MODIFY THE ASSESSMENT, should be stated as follows: I move that, exercising
its judgment and discretion, pursuant to § 70.49 (9)(a), Wis. Statutes the Board of Review, by
majority and roll call vote hereby determines: (mark and state for the record all that apply);
 that the Assessor’s valuation is incorrect;
 that the property owner has presented sufficient evidence to rebut the
presumption of correctness granted by law to the Assessor;
 that the property owner’s valuation is reasonable in light of the relevant
evidence;
 that the full value of the property is:
Land:
Improvements:
Total:
 that the aggregate level of assessment of the municipality is at
 and hereby sets the new assessment at
Land:
Improvements:
Total:
{Note for Minutes}
Name of BOR member who made motion:
Name of BOR member who seconded motion:
to adopt this motion on this
day of
, 20
.
Clerk of Board of Review
{Either of these motions should be made and seconded by a member of the Board of Review based
upon the decisions made on pages 4 and 5 of the Findings of Fact, Determination, and Decision
form. Discussion may follow the making of the motion, but the decision on pages 4 and 5 should be
consistent with the motion as made and adopted by the Board of Review. The clerk should record
the roll call vote on page 6 of the Findings of Fact, Determination, and Decision form.} {In the event
of a tie vote of the Board of Review, the Assessor’s valuation is sustained pursuant to § 70.47 (9)
(a) of the Wis. Statutes.}
* This sample script was prepared by John P. Macy of Arenz, Molter, Macy & Riffle, S.C., (262)5481340, and was reviewed and modified by Rick Stadelman of the Wisconsin Towns Association and
the Equalization Directors and staff at the Wisconsin Department of Revenue.
By Gina C. Gresch at 11:31 am, May 13, 2015
By Gina C. Gresch at 12:20 pm, May 15, 2015
Friday, May 15, 2015
Attn: Municipal Clerk or Public Records Custodian
Dear Public Records Custodian,
Please acknowledge in writing receipt of the attached Notice of Intent to File and Objection Form
For Real Property Assessment regarding TAX ID# located at 3175 Hillside Drive in City of
Delafield. Please acknowledge via fax (888) 308-3919 or email gary@kohlenberg.net with the
date and time for my appointment before the Board of Review. Thank you,
Sincerely,
Gary Kohlenberg
OBJECTION FORM FOR REAL PROPERTY ASSESSMENT
Section 70.47(7)(a), Wisconsin Statutes states" No person shall be allowed in any action or proceedings to question the amount or
valuation of property unless such written objection has been filed and such person in good faith presented evidence to such board in
support of such objection and made full disclosure before said board ... "
Note: The Board of Review can hear only sworn oral testimony regarding the value of the property. It cannot hear protests regarding the
amount of property taxes or questions of exemption. The best evidence of the value of your property is a recent arm's-length sale of your
properly. The next best evidence is recent arm's length sales of comparable property. If there are no sales of your Property or comparable
property, you should present other evidence that indicates the value of your property. This would include cost, income, appraisals, amount
of insurance, and sales of like property.
Property Owner , KC Propco c/o Knowledge
Learning Education LLC,
Owner's Mailing Address
650 NE Holladay Street
Portland, Oregon 97232
Owner's Telephone Number
Agent (if applicable)
Gary Kohlenberg
Agent's Mailing Address
604 LaBelle Avenue
Oconomowoc, WI 53066-2772
Agent's Telephone Number
(262) 569-1800
Please provide the following information on the property and the assessment to which you are objecting. (Attach additional sheets, if
necessary.)
1. Property Address 3175 Hillside Drive City of Delafield
2. Legal Description or parcel number from the current assessment roll
3. Total Property Assessments $1,671,200.00
4. Please explain why you think the above assessed value is incorrect. Please see attached.
5. In your opinion, what was the taxable value of this property on January 1 of the year being appealed? $1,159,000.00
If this property contains acreage that is not in a market value class, provide a further opinion of the taxable value breakdown:
STATUTORY CLASS
Residential Total Market Value
Commercial Total Market Value
Agricultural Classification: # of Tillable
Acres
# of Pasture Acres
# of Specialty Acres
Undeveloped Classification # of Acres
Agricultural Forest Classification # of Acres
Forest Classification # of Acres
Class 7 "Other" Total Market Value
Managed Forest Land Acres
Managed Forest Land Acres
ACRES
$ PER ACRE
FULL
TAXABLE
VALUE
@
$ acre use value
@
@
@
@
@
$ acre use value
$ acre use value
$ acre @ 50% of Market Value
$ acre @ 50% of Market Value
$ acre @ Market Value
Market Value
$ acre @ 50% of Market Value
Market Value
@
@
6. Check the method of acquisition of the property: Purchase
7. Have you improved, remodeled, added to, or changed this property since acquiring it? Yes
If yes, describe: All improvements on file with Municipality as building permits.
(a) When were the changes made?
(b) What were the cost of the changes?
(c) Does the above figure include the value of all labor, including your own?
8. Have you listed the property for sale within the last five years? No
(a) If yes, when and for how long was the property listed?
(b) What was the asking price?
(c) What offers were received?
9. (a) Has anyone made an appraisal of this property within the last five years? No
(b) If yes, when and for what purpose?
(c) What was the appraised value?
10. Please list the name(s) of Board of Review member(s) you are requesting to be removed from your hearing. NOTE: This section does
not apply in first or second class cities.
11. Please provide a reasonable estimate of the length of time that the hearing will take 20 minutes.
Date
5/15/2015
Owner’s or Agent’s Signature
PA-115A (R. 11-09)
Gary Kohlenberg - Agent
Wisconsin Department of Revenue
Notice of Intent to File Objection with Board of Review
I, Gary Kohlenberg of Kohlenberg Consulting L.L.C. DBA PropertyTaxBill.com as the agent of the property
owner KC Propco c/o Knowledge Learning Education LLC, hereby give notice of intent to file an objection
on the assessment for the following property: Property Tax ID# 3175 Hillside Drive for the 2015
Assessment Year in the municipality of City of Delafield. Valuation assigned by Assessor is $1,671,200.00.
THIS NOTICE OF INTENT IS BEING FILED at least 48 hours before the Board’s first scheduled meeting.
Gary Kohlenberg
Friday, May 15, 2015
Gary Kohlenberg
Kohlenberg Consulting L.L.C. /PropertyTaxBill.com
Property Type: 3350
Special Purpose
Public/Private
Day Care
Address:
2707 N GRANDVIEW BLVD
WAUKESHA
WAUKESHA County, WI
Sale Date: 11/1/2013
Sale Price: $930,000
$/SF: $148.56
$/Unit: ----Transaction: OTHE
V/P:
Doc #: 4051985
Grantor: SILVERNAIL WOODS LLC
Grantee: GLSV REALTY LLC
Source:
Site: 26,115 SF/0.6 Ac
Zoning: B5
Taxkey: 0973-010-000
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: BRICK
Stories: 1
Clg Hgt:
Location:
Bldg: 6260 SF
Bsmt:
Office:
Roof: FLAT
Yr. Built: 1990
Units: 0
COMMENTS
OFFICE; LEGAL: 28-7N-19E; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; CONVEYANCE
INDICATED AS OTHER - VERIFY; ADDL DEED: TO BROKER: MARCUS & MILLICHAP (TOM KOPATICH 262-3641970 ON 10/31/2013 FOR $930,000; ACRE: 0.600; TAXKEY: 0973-010-000; LISTING: BROKER: MARCUS &
MILLICHAP (TOM KOPATICH 262-364-1970) AS OF 06/29/2012 FOR $1,125,000; ACRE: 0.600; TAXKEY: 0973-010000 SOURCE: ONLINE; RENEWED LEASE TO KINDERCARE AN ORIGINAL TENANT WITH 6 YEARS LEFT ON
LEASE; FENCED OUTDOOR PLAY AREA; NOI = $88,796; CAP RATE = 7.89%; LISTING: BROKER: MLG
COMMERCIAL (STEVE ANDERSON 262-797-9400) AS OF 10/15/2007 FOR $1,210,000; ACRE: 0.600; TAXKEY:
0973-010-000 SOURCE: LOOPNET; 1 OF 4 BLDGS IN A $18.7M PORTFOLIO; EASY ACCESS TO I-94; HIGH
TRAFFIC; NOI = $77,319; 10+YRS LEFT ON LEASE; DATE SIGNED IS SURVEY DATE
62561 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Property Type: 3350
Special Purpose
Public/Private
Day Care
Address:
4647 MORMON COULEE RD
LA CROSSE
LA CROSSE County, WI
Sale Date: 3/18/2014
Sale Price: $535,000
$/SF: $121.59
$/Unit: ----Transaction: SALE
V/P:
Doc #: 1636910
Grantor: SCR PROPERTIES LLC
Grantee: TELLURIAN INC
Site: SF/0 Ac
Zoning: COM
Taxkey: 17-50328-096
Source:
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: SIDING
Stories: 1
Clg Hgt:
Location:
Bldg: 4400 SF
Bsmt: NONE
Office:
Roof: GABLE
Yr. Built:
Units: 0
COMMENTS
DAY CARE FACILITY; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; ADDL DEED: DONALD K &
DORIE J EARLEY TO SCR PROPERTIES LLC ON 02/12/2010 FOR $315,000; DOC NO: 1544700; ACRE: 0.0;
TAXKEY: 17-50328-096 SOURCE: WDOR; LEGAL: 21-15N-07E; TRANSFER TYPE: ORG SALE; BILLBOARD;
280976 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Property Type: 3350
Special Purpose
Public/Private
Day Care
Address:
740 LAKE PARK RD
MENASHA
CALUMET County, WI
Sale Date: 2/28/2014
Sale Price: $820,000
$/SF: $102.21
$/Unit: ----Transaction: SALE
V/P:
Doc #: 494476
Grantor: VALLEY INVESTMENTS LLC
Grantee: MARQUIS INVESTMENTS LLC
Source: WDOR
Site: 52,899 SF/1.214 Ac
Zoning:
Taxkey: 7-01700-12
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: BRICK
Stories: 1
Clg Hgt:
Location:
Bldg: 8023 SF
Bsmt:
Office:
Roof:
Yr. Built: 2002
Units: 0
COMMENTS
CHILD CARE FACILITY; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE PREV SALE: JLKP
INVESTMENTS LLC TO VALLEY INVESTMENTS LLC ON 10/03/2007 FOR $975,000; DOC NO: 422192; ACRE:
1.214; TAXKEY: 7-01700-12 SOURCE: WDOR; TRANSFER TYPE: ORG SALE QUIT CLAIM: REG OF DEEDS:
SHIRLEY GREGORY (920) 849-1441 ON 05/30/2007 FOR $2,080,000; DOC NO: 417705; ACRE: 3.000; TAXKEY: 701700-12 SOURCE: WDOR; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; THIS TRANSACTION
INCLUDES MORE THAN ONE TAXKEY & PARCEL ADDL DEED: CITY OF MENASHA TO WISCO ENTERPRISES
LLP ON 01/31/2003 FOR $66,700; DOC NO: 350018; ACRE: 1.0; TAXKEY: 7-1700-12; REJECTED BY WISC DOR:
OTHER ASSEMBLAGE, TM SHRE, GIFT; LEGAL: 17-20N-18E; FINANCING: CONVENTIONAL; TRANSFER TYPE:
ORG SALE; VACANT COMM LAND
226529 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Property Type: 3350
Special Purpose
Public/Private
Day Care
Photo Unavailable
Grantor: KINSON PROPERTIES II LLC
Grantee: WARREN CARLSON PROPERTIES LLC
Source: WDOR
Address:
2310 MUSTANG WAY
MADISON
DANE County, WI
Sale Date: 6/12/2012
Sale Price: $685,000
$/SF: $85.74
$/Unit: ----Transaction: OTHE
V/P:
Doc #: 4886431
Site: 26,223 SF/0.602 Ac
Zoning: M1
Taxkey: 0710-154-0908-2
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: STUCCO/SIDING
Stories: 1
Clg Hgt:
Location:
Bldg: 7989 SF
Bsmt:
Office:
Roof: FLAT
Yr. Built: 1999
Units: 0
COMMENTS
DAY CARE CENTER; GRANTOR/GRANTEE RELATIONSHIP: FINANCIAL; TRANSFER TYPE: OTHER; UNDER A
FORECLOSURE OR A DEED IN LIEU OF A FORECLOSURE; CONVEYANCE INDICATED AS OTHER - VERIFY;
REASON FOR TRANSFER: FORECLOSURE SHERIFF'S SALE; LOT = 162 x 162 = 26,244 SF; LAND CONTRACT:
VENDOR: WARREN CARLSON PROPERTIES LLC, TO VENDEE: KINSON PROPERTIES II LLC ON 01/16/2009
FOR $725,000; DOC NO: 4495363; ACRE: 0.604; TAXKEY: 0710-154-0908-2 SOURCE: WDOR; FINANCING:
SELLER; TRANSFER TYPE: ORG SALE;
329047 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Friday, May 15, 2015
By Gina C. Gresch at 2:49 pm, May 15, 2015
Attn: Municipal Clerk or Public Records Custodian
Dear Public Records Custodian,
Please acknowledge in writing receipt of the attached Notice of Intent to File and Objection Form
For Real Property Assessment regarding TAX ID# DELC 0804995 located at 2725 Heritage in City
of Delafield. Please acknowledge via fax (888) 308-3919 or email gary@kohlenberg.net with the
date and time for my appointment before the Board of Review. Thank you,
Sincerely,
Gary Kohlenberg
OBJECTION FORM FOR REAL PROPERTY ASSESSMENT
Section 70.47(7)(a), Wisconsin Statutes states" No person shall be allowed in any action or proceedings to question the amount or
valuation of property unless such written objection has been filed and such person in good faith presented evidence to such board in
support of such objection and made full disclosure before said board ... "
Note: The Board of Review can hear only sworn oral testimony regarding the value of the property. It cannot hear protests regarding the
amount of property taxes or questions of exemption. The best evidence of the value of your property is a recent arm's-length sale of your
properly. The next best evidence is recent arm's length sales of comparable property. If there are no sales of your Property or comparable
property, you should present other evidence that indicates the value of your property. This would include cost, income, appraisals, amount
of insurance, and sales of like property.
Property Owner Cesar A Velarde, CAVC Holdings
Wisconsin LLC, (312) 666-0044
Owner's Mailing Address
1624 West 18th Street
Chicago, IL 60608
Owner's Telephone Number (312) 666-0044
Agent (if applicable)
Gary Kohlenberg
Agent's Mailing Address
604 LaBelle Avenue
Oconomowoc, WI 53066-2772
Agent's Telephone Number
(262) 569-1800
Please provide the following information on the property and the assessment to which you are objecting. (Attach additional sheets, if
necessary.)
1. Property Address 2725 Heritage City of Delafield
2. Legal Description or parcel number from the current assessment roll DELC 0804995
3. Total Property Assessments $1,110,900.00
4. Please explain why you think the above assessed value is incorrect. Please see attached.
5. In your opinion, what was the taxable value of this property on January 1 of the year being appealed? $554,800.00
If this property contains acreage that is not in a market value class, provide a further opinion of the taxable value breakdown:
STATUTORY CLASS
Residential Total Market Value
Commercial Total Market Value
Agricultural Classification: # of Tillable
Acres
# of Pasture Acres
# of Specialty Acres
Undeveloped Classification # of Acres
Agricultural Forest Classification # of Acres
Forest Classification # of Acres
Class 7 "Other" Total Market Value
Managed Forest Land Acres
Managed Forest Land Acres
ACRES
$ PER ACRE
FULL
TAXABLE
VALUE
@
$ acre use value
@
@
@
@
@
$ acre use value
$ acre use value
$ acre @ 50% of Market Value
$ acre @ 50% of Market Value
$ acre @ Market Value
Market Value
$ acre @ 50% of Market Value
Market Value
@
@
6. Check the method of acquisition of the property: Purchase
7. Have you improved, remodeled, added to, or changed this property since acquiring it?
yes
If yes, describe: All improvements on file with Municipality as building permits.
(a) When were the changes made?
(b) What were the cost of the changes?
(c) Does the above figure include the value of all labor, including your own?
8. Have you listed the property for sale within the last five years? No
(a) If yes, when and for how long was the property listed?
(b) What was the asking price?
(c) What offers were received?
9. (a) Has anyone made an appraisal of this property within the last five years? No
(b) If yes, when and for what purpose?
(c) What was the appraised value?
10. Please list the name(s) of Board of Review member(s) you are requesting to be removed from your hearing. NOTE: This section does
not apply in first or second class cities.
11. Please provide a reasonable estimate of the length of time that the hearing will take 20 minutes.
Date
5/15/2015
Owner’s or Agent’s Signature
PA-115A (R. 11-09)
Gary Kohlenberg - Agent
Wisconsin Department of Revenue
Notice of Intent to File Objection with Board of Review
I, Gary Kohlenberg of Kohlenberg Consulting L.L.C. DBA PropertyTaxBill.com as the agent of the property
owner Cesar A Velarde CAVC Holdings Wisconsin LLC, hereby give notice of intent to file an objection on
the assessment for the following property: Property Tax ID# DELC 0804995 2725 Heritage for the 2015
Assessment Year in the municipality of City of Delafield. Valuation assigned by Assessor is $1,110,900.00.
THIS NOTICE OF INTENT IS BEING FILED at least 48 hours before the Board’s first scheduled meeting.
Gary Kohlenberg
Friday, May 15, 2015
Gary Kohlenberg
Kohlenberg Consulting L.L.C. /PropertyTaxBill.com
MASTER PROPERTY LIST
Client Name:
CAVC Holdings Wisconsin LLC
Contact Name: Cesar A Velarde
Client Address:
Contact Phone:
1624 West 18th Street Client City:
(312) 666-0044
Client email:
Chicago, IL 60608 Client State:
attyvelarde@sbcglobal.net
Property Tax ID#:
Property Address:
Property City:
122 Lake Shore Dr East
1450 4th Street
2789 Milwaukee Rd
2725 Heritage Dr
211 East Geneva
790 W Johnson St
N96W17655 ?
4555 W Forest Home Ave
4980 S 76th Street
1540 S Holmen Dr
2624 Miltor Ave
2001 Center St
4222 52nd St
3007 80th St
6945 75th St
1760 22nd Ave
124 E George St
515 N 4th St
3519 Morrison Coulee Rd
100 West Wels
2655 East Washington
1015 N Central Ave
1841 S 14th St
13348 Washington Ave
1250 W Rawson Ave
1259 Crossing Meadows
620 N Main St
800 S Washburn St
1756 County Highway B
5400 Durand Ave
3456 Douglas Ave
333 Lincoln Rd
1322 Erie Ave
940 Commerce Blvd
822 Windsor Street
1800 Gateway Dr
300 6th Street
2100 B North Mountain Rd
2826 S 106th Street
6746 W Greenfield Ave
6003 Business Hwy 51
940 8th St South
Ashland
WI
Beloit
Beloit
Delafield
Elkhorn
Fond du Lac
Germantown
Greenfield
Greenfield
Holmen
Janesville
Janesville
Kenosha
Kenosha
Kenosha
Kenosha
La Crosse
La Crosse
La Crosse
Lake Geneva
Madison
Marshfield
Milwaukee
Mount Pleasant
Oak Creek
Onalaska
Oshkosh
Oshkosh
Plover
Racine
Racine
Rhinelander
Sheboygan
Slinger
Sun Prairie
Waukesha
Wausau
Wausau
West Allis
West Allis
Weston
Wisconsin Rapids
DELC0804995
5310000900
6179976
4600301100
WAKC1006182
5190143000
439001010
Property State:
IL
Client Zip Code:
60608
Property Type: 1310
Commercial
Restaurant
Fast Food
Address:
112 N CHICAGO AV
SOUTH MILWAUKEE
MILWAUKEE County, WI
Sale Date: 4/22/2014
Sale Price: $874,800
$/SF: $229.73
$/Unit: ----Transaction: SALE
V/P:
Doc #: 10358958
Grantor: F2BL LLC
Grantee: SUNDANCE INC
Site: 48,744 SF/1.119 Ac
Zoning: C-2
Taxkey: 723-0095-001
Source: WDOR
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: BRICK
Stories: 1
Clg Hgt:
Location: INTERIOR
Bldg: 3808 SF
Bsmt:
Office:
Roof:
Yr. Built: 1988
Units: 0
COMMENTS
RESTAURANT; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; LOT = 221 x 221 = 48,841 SF PREV
SALE: DIVALL INSURED INCOME PROPERTIES 2 LTD TO F2BL LLC ON 04/17/2003 FOR $450,000; DOC NO:
8510298; ACRE: 1.119; TAXKEY: 723-0095-001; FINANCING WAS CONVENTIONAL; FORMERLY HARDEE'S
RESTAURNT; AS OF 2-04 BLDG BEING RENOVATED
42209 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Property Type: 1310
Commercial
Restaurant
Fast Food
Address:
10920 W BURLEIGH ST
WAUWATOSA
MILWAUKEE County, WI
Grantor: STONEPINE INC
Grantee: BRODERSEN ACQUISITIONS LLC
Source: BUSJOUR/WDOR
Sale Date: 1/8/2015
Sale Price: $750,000
$/SF: $216.20
$/Unit: ----Transaction: SALE
V/P:
Doc #: 10425502
Site: 55,757 SF/1.28 Ac
Zoning: COM
Taxkey: 296-9999-040
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: STUCCO
Stories: 1
Clg Hgt:
Location: INTERIOR
Bldg: 3469 SF
Bsmt:
Office:
Roof: FLAT
Yr. Built: 1984
Units: 0
COMMENTS
RESTAURANT; TRANSFER TYPE: ORG SALE LISTING: BROKER: DENNIS RUSSELL APPRAISAL (STEPHEN
LAUENSTEIN 414-732-2880) AS OF 07/01/2011 FOR $1,000,000; ACRE: 1.280; TAXKEY: 296-9999-040 SOURCE:
CDX; PREV SALE: GREAT LAKES INVESTOR III LLC TO DENNIS RUSSELL (STONEPINE INC) ON 05/22/2003
FOR $615,000; DOC NO: 8537029; TAXKEY: 296-9999-040; WENDY'S; GRANTEE'S BROKER: MLG COMMERCIAL
(ANTHONY BARETA 262-938-4449); FINANCING WAS CONVENTIONAL
37896 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Property Type: 1310
Commercial
Restaurant
Fast Food
Address:
6631 WASHINGTON AV
MOUNT PLEASANT
RACINE County, WI
Sale Date: 2/1/2014
Sale Price: $850,000
$/SF: $215.96
$/Unit: ----Transaction: SALE
V/P:
Doc #:
Grantor: HESTER & HESTER LLC
Grantee: DARMOR PROPERTIES LLC
Source: BUS JOUR
Site: 77,101 SF/1.77 Ac
Zoning:
Taxkey: 151-03-22-14-093-000
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: SIDING
Stories: 1
Clg Hgt:
Location: INTERIOR
Bldg: 3936 SF
Bsmt: NO
Office:
Roof:
Yr. Built: 1984
Units: 0
COMMENTS
VERIFY SALE DATE; ROCKY ROCOCO; ADDL DEED: HESTER & HESTER LLC TO DARMOR PROPERTIES LLC
ON 01/27/2014 FOR $850,000; DOC NO: 2374034; ACRE: 0.0; TAXKEY: 151-03-22-14-093-000 SOURCE: WDOR;
RESTAURANT/BUILDING; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE;
217438 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Property Type: 1310
Commercial
Restaurant
Fast Food
Address:
4762 COTTAGE GROVE RD
MADISON
DANE County, WI
Sale Date: 9/26/2013
Sale Price: $327,500
$/SF: $205.85
$/Unit: ----Transaction: QUIT
V/P:
Doc #: 5028281
Site: 24,452 SF/0.561 Ac
Zoning: COM
Taxkey: 0710-102-1317-3
Grantor: RICHARD J DIVELBISS
Grantee: 4762 COTTAGE GROVE ROAD MADISON WI LLC
Source: WDOR
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: STUCCO
Stories: 1
Clg Hgt:
Location:
Bldg: 1591 SF
Bsmt: NONE
Office:
Roof: FLAT
Yr. Built: 1992
Units: 0
COMMENTS
RESTAURANT OR FOOD PREPARATION SERVICE; LEGAL: 13-7N-10E; FINANCING: CONVENTIONAL;
GRANTOR/GRANTEE RELATIONSHIP: OTHER; TRANSFER TYPE: OTHER; BETWEEN A LIMITED LIABILITY
COMPANY AND ONE OR MORE OF ITS MEMBERS; REASON FOR TRANSFER: CONTRIBUTION TO LLC BY
SOLE MEMBER
359258 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Property Type: 1310
Commercial
Restaurant
Fast Food
Address:
1434 CRANSTON RD
BELOIT
ROCK County, WI
Sale Date: 12/27/2012
Sale Price: $470,000
$/SF: $198.73
$/Unit: ----Transaction: SALE
V/P:
Doc #: 1967227
Grantor: FRAUENSHUH HOSPITALITY GROUP OF
MINNESOTA LLC
Grantee: KEEPER HOLDINGS LLC
Site: 29,100 SF/0.668 Ac
Zoning:
Taxkey: 206-1243-06-50
Source:
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext:
Stories: 1
Clg Hgt:
Location:
Bldg: 2365 SF
Bsmt:
Office:
Roof:
Yr. Built: 1970
Units: 0
COMMENTS
DAIRY QUEEN, FAST FOOD RETAIL; LEGAL: 24-1N-12E; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG
SALE; ADDL DEED: KRAUS FOODS INC TO FRAUENSHUH HOSPITALITY GROUP OF MINNESOTA LLC ON
03/26/2008 FOR $454,500; DOC NO: 1826705; ACRE: 0.668; TAXKEY: 206-1243-06-50 SOURCE: WDOR; LEGAL:
24-01N-12E; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; REG OF DEEDS: RANDAL LEYES
(608) 757-5650; PREV SALE: FRED R JR AND JILL THOMAS TO KRAUS FOODS INC ON 07/16/2004 FOR
$250,000; DOC NO: 1672006; ACRE: 0.668; TAXKEY: 206-1243-06-50 SOURCE: ASSESSOR; DAIRY QUEEN; SALE
IS SUSPECT & DOSN'T COMPARE WITH OTHER FAST FOOD SALES; LOT SIZE = 29,100 SF; GBA = 2365 SF; YR
BLT = 1970; LEGAL: 24-1N-12E; FINANCING: ASSUMED EXISTING; TRANSFER TYPE: ORG SALE; DAIRY QUEEN
BLAZIER
133924 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Property Type: 1310
Commercial
Restaurant
Fast Food
Address:
9124 W LINCOLN AV
WEST ALLIS
MILWAUKEE County, WI
Sale Date: 2/1/2015
Sale Price: $510,000
$/SF: $180.40
$/Unit: ----Transaction: SALE
V/P:
Doc #:
Grantor: COUSINS SUBMARINES INC
Grantee: CJ3-1118 LLC
Source: BUS JOUR
Site: 16,365 SF/0.376 Ac
Zoning:
Taxkey: 479-0826-001
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: BRICK
Stories: 1
Clg Hgt:
Location:
Bldg: 2827 SF
Bsmt:
Office:
Roof: HIP
Yr. Built: 1983
Units: 0
COMMENTS
VERIFY SALE DATE PREV SALE: J SHEP LLC TO COUSINS SUBMARINES INC ON 03/31/2014 FOR $510,000;
DOC NO: 10347107; ACRE: 0.376; TAXKEY: 479-0826-001 SOURCE: WDOR; RESTAURANT; LEGAL: 4-6N-21E;
FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE PREV SALE: SANDWICH PROPERTIES LLP TO J
SHEP LLC ON 08/15/2006 FOR $389,000; DOC NO: 9302232; ACRE: 0.376; TAXKEY: 479-0826-001 SOURCE:
WDOR; COUSIN'S BUB SHOP; REJECTED BY WDOR, BUT NO SPECIFIC CAUSE PROVIDED - VERIFY;
GRANTOR/GRANTEE RELATIONSHIP: OTHER; TRANSFER TYPE: OTHER (DISTRIBUTION TO PARTNER)
194122 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
Property Type: 1310
Commercial
Restaurant
Fast Food
Address:
4400 RIB MOUNTAIN DR
TOWN OF RIB MOUNTAIN
MARATHON County, WI
Sale Date: 5/30/2014
Sale Price: $642,000
$/SF: $176.04
$/Unit: ----Transaction: SALE
V/P:
Doc #: 1671957
Grantor: JAMES P MAY ET AL
Grantee: CFT DEVELOPMENTS LLC
Source: WDOR
Site: 50,094 SF/1.15 Ac
Zoning:
Taxkey: 34-102807-016-0030000
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext:
Stories: 1
Clg Hgt:
Location:
Bldg: 3647 SF
Bsmt:
Office:
Roof:
Yr. Built: 1998
Units: 0
COMMENTS
WENDY'S; FUTURE DEVELOPMENT OF RESTAURANT; TRANSFER TYPE: ORG SALE EXPR LISTING: BROKER:
MID AMERICAN REAL ESTATE (MARK GOLDBERG 630-954-7395) AS OF 10/18/2006 FOR $1,574,585; ACRE:
1.150; TAXKEY: 34-102807-016-0030000 SOURCE: ONLINE; LIST DATE IS SURVEY DATE; WENDY'S
RESTAURANT; NET OPERATING INCOME $102,348; WENDY'S IS AN OUTLOT TO A STRIP CENTER WITH MANY
RETAILERS PREV SALE: NORTH-WEND FOODS LLC TO JAMES P MAY ET AL ON 10/20/2004 FOR $1,600,000;
DOC 1392308; WENDY'S RESTARANT; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; TKEY 34102807-016-003-00-00; LEGAL: SEC 10-28-07, PT OF SE 1/4 SE 1/4 - LOT 1, CSM VOL 31 PG 180 (#8227)
140437 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED
City: New Berlin, City of, New Berlin, City of
County: Waukesha County GIS, Waukesha, County of, Waukesha,
County of
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Property Type: 131
Commercial
Restaurant
Fast Food
Address:
3530 S Moorland Rd
New Berlin
Waukesha County, WI
53151
Sale Date: 5/1/2014
Sale Price: $596,400
$/SF: $253.25
$/Unit: ----Transaction: SALE
Doc #:
Taxkey: 1207-970-001
Grantor: QSR INC
Grantee: SUNDANCE INC
Site: 42,471 SF/0.975 Ac
Zoning: B1
FHZ:
Traffic:
Cap Rate: 0
Source: BUS JOUR
Water:
Sanitary:
Waterfront:
DESCRIPTION OF IMPROVEMENTS:
Bldg Ext: STUCCO
Stories: 1
Wall Ht:
Location:
Bldg: 2355 SF
Bsmt:
Office:
Roof:
Yr. Built: 1985
Units: 0
COMMENTS:
VEIFY SALE DATE; TACO BELL; FAST FOOD RESTAURANT
PREV SALE: NEW BERLIN ASSOCIATES LLP TO NEW BERLIN ENTERPRISES LLC ON 02/16/2010 FOR $491,300; DOC
NO: 3727721; ACRE: 0.975; TAXKEY: 1207-970-001 SOURCE: WDOR; LEGAL: 14-06N-20E; FINANCING: CONVENTIONAL;
TRANSFER TYPE: ORG SALE;
ADDL DEED: QSR INC TO SUNDANCE INC ON 04/22/2014 FOR $596,402; DOC NO: 4078505; ACRE: 0.974; TAXKEY: 1207970-001 SOURCE: WDOR; RESTAURANT; FINANCING: CONVENTIONAL; TRANSFER TYPE: ORG SALE; REASON FOR
TRANSFER: ALL INTEREST IN IMPROVEMENTS; LOT = 206 X 206 = 42,436 SF;
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History (1)
282319 INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED