Reseña de State Wisconsin Ex Rel. Brighton Square

State Wisconsin Ex Rel. Brighton Square de Court of Appeals of Wisconsin Resumen del Libro

The City of Madison appeals from an order under sec. 70.47(13), Stats., reversing the board of review's affirmance of the
1991 real property assessment of Brighton Square, an apartment complex owned by Brighton Square Company. The circuit court
concluded that the assessment was not made according to sec. 70.32(1), Stats., because the assessor and the board failed to
consider the 1989 sale of an adjacent apartment complex, Kingswood Hills. The court remanded the assessment to the board for
reconsideration. We affirm. The city claims that the Kingswood Hills sale was not an "arm's-length" transaction and therefore the assessor and the board
of review were not required to consider that sale when determining the fair market value of Brighton Square. However, the
assessor conceded that he had assessed Kingswood Hills at its sales price before and after its sale in 1989. We conclude that
the taxpayer was therefore entitled to rely on the 1989 sale as a sale at fair market value, in the absence of evidence presented
by the city to the contrary. Because the city failed to present such evidence to the board, the board was required to accept
the sale as an arm's-length transaction.

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