Jane Crocker, F.K.A. Jane C. Jacobs, et al. - Page 107

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          accommodate.  We also agree with Carneghi's conclusion that the             
          square footage of building area is a less subjective measure than           
          price paid per seat.                                                        
               Another problem we find with Mansbach's appraisal is his               
          omission of the December 1987 sale of the Stanford Theater as a             
          comparable sale.  Mansbach admitted that his omission of the                
          Stanford Theater was a mistake, and we agree that it was.                   
          Mansbach further testified that inclusion of the Stanford Theater           
          as a comparable sale would not have changed his value conclusion.           
          Despite this testimony, we have difficulty relying on his                   
          opinion, arrived at without considering one of the two comparable           
          properties available.                                                       
               We also find error in Mansbach's adjustments to the sales              
          price of the San Jose Fox.  Mansbach found that the condition of            
          the San Jose Fox was "inferior" on its sale date to the condition           
          of the Redwood City Fox.  Despite the San Jose Fox's inferior               
          condition, Mansbach considered any upward adjustment for                    
          condition to be offset by downward adjustments on the basis of              
          the San Jose Fox's superior location and its purchase by a                  
          nonprofit entity.  While we agree that a downward adjustment for            
          location is appropriate, we do not agree that a downward                    
          adjustment is warranted on the basis of the San Jose Fox's                  
          purchase by a government entity.  There is no evidence in the               
          record to suggest that this sale was anything but adversarial,              
          legitimate, and at arm's length.  Consequently, we do not see how           




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