This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Taxation
Property Taxes
Administrative Mandamus

City and County of San Francisco v. Assessment Appeals Board No. 1. (Elevated Investors II LLC)

Published: May 24, 2014 | Result Date: Apr. 16, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CPF-11-511651 Settlement –  $20,000

Court

San Francisco Superior


Attorneys

Plaintiff

Owen J. Clements
(Office of the San Francisco City Attorney)

Julie K. Van Nostern
(Office of the City Attorney)


Defendant

Kevin H. Rose


Facts

The City and County of San Francisco filed a petition for a writ of mandate against the Assessment Appeals Board No. 1, related to the property tax assessment of 150 Powell St. for the tax year 2005-2006. Elevated Investors II LLC, the real party in interest, obtained ownership of the subject property in June 2002. Elevated undertook improvements on the property that was completed in 2005. In 2008, the City Assessor mailed a supplemental assessment for the new construction on Elevated, which Elevated opposed.

In 2011, the Appeals Board issued a decision, which reduced the value of the improvements. The decision related to the allocation of value between the commercial and residential parcels after the subdivision of property into airspace parcels, and new construction.

Contentions

PLAINTIFF'S CONTENTIONS:
The city contended that the Appeals Board's determination was in excess of its jurisdiction, and therefore constituted legal error.

Result

The parties agreed to a $20,000 settlement.


#94461

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390