M.I.C. Limited - Page 19

                                       - 19 -                                         
          be applied to the facts herein, and that the sales comparison               
          approach is the best method of valuation under our facts.  The              
          sales comparison approach is premised on the common sense                   
          technique of finding the actual sales prices of properties                  
          similar to the subject property and relating these actual prices            
          to the subject property to determine its value.  Given the fact             
          that the location, structure, and use of the Flick practically              
          mirrored the location, structure, and use of the Faust, we are              
          persuaded that the Flick is sufficiently similar to the Faust to            
          use the sale of the Flick for comparison purposes.  We believe              
          that the $750,000 price that the City would have paid for the               
          Flick, had the 1988 amendments to the zoning code been passed               
          when the City exercised its option in 1987, is the most accurate            
          measure of the Property's fair market value.  Lunieski's report             
          does not reference the sale of the Flick as a comparable                    
          property.  Strachota's report does.  Strachota states in his                
          report that the sale of the Flick "would have possible relevance"           
          but for the fact that "it was bought by a governmental agency".             
          Neither Strachota nor respondent, however, explains adequately              
          why the fact that the Flick was bought by a governmental agency             
          should eliminate that sale as an accurate measure of the fair               
          market value of the Property.  Although it is true that a                   
          governmental agency bought the Flick, the agency still had to pay           
          fair market value for it.  The City acquired the Flick from                 
          Alexander under the threat of condemnation.  If the City had been           




Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011