- 97 - 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 howPage: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
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