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
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.
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