Legal Opinion

Town Square Limited Partnership v. Clay County Board of Equalization

South Dakota Supreme Court

Decided September 21, 2005No. NonePublishedCited by 17 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] In this property tax appeal, we address the valuation of an apartment building operating under the Federal Low Income Housing Tax Credit (LIHTC) program. The question is whether the “true and full value” of this low-income housing property must be calculated using market rent rates or whether the actual reduced rents should be used, and if the latter, whether the tax credits should also be included in the valuation. We conclude that both the restricted rents and the tax credits must be considered when assessing the property. Because these components were not…

2Cases cited25 opinions

  1. In Re Appeal of the Greens of Pine Glen Ltd. PartnershipSupreme Court of North Carolina · 2003
  2. Kankakee County Board of Review v. Property Tax Appeal BoardIllinois Supreme Court · 1989
  3. Alliance Towers, Ltd. v. Stark County Board of RevisionOhio Supreme Court · 1988
  4. Meadowlanes Ltd. Dividend Housing Ass'n v. City of HollandMichigan Supreme Court · 1991
  5. Yadco, Inc. v. Yankton CountySouth Dakota Supreme Court · 1975

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3Cited by17 opinions

  1. Woda Ivy Glen Ltd. Partnership v. Fayette County Board of RevisionOhio Supreme Court · 2009
  2. Huron Ridge LP v. Ypsilanti TownshipMichigan Court of Appeals · 2007
  3. Horan v. Kenai Peninsula Borough Board of EqualizationAlaska Supreme Court · 2011
  4. Stone Brooke Ltd. Partnership v. SisinniWest Virginia Supreme Court · 2009
  5. Schuyler Apartment v. Colfax CountyNebraska Supreme Court · 2010

12 more not listed; retrieve them via the Exa API.

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