- 13 -
which some of the owners had created to challenge respondent's
position in cases such as this one. Mr. Rysdahl stated in the
letter that he was personally contributing on behalf of the unit
that he owned and explained his motivation as follows:
[I] do so mainly based on the concern that, since
tax benefits are useful to at least some of our owners,
a victory in this case would make ownership of a unit
more desirable for some prospective buyers, and
therefore help retain the re-sale value of our units.
Immediately prior to the submission of this June 30, 1997,
letter as evidence, Mr. Rysdahl had testified as follows:
Q: Mr. Rysdahl, you, in fact, own a unit at Bluefin
Bay, don't you?
A: I am a 50 percent owner in one unit at Bluefin
Bay. Actually I'm a 50 percent owner in a unit at
Tofte Cove Townhomes, which is a more recent and
adjacent development. I no longer own any part of a
unit at Bluefin Bay.
Q: But it -- and it's your opinion or belief that the
outcome of this case will affect the resale value of
your unit?
A: No. It won't affect the resale value of my unit.
Mr. Rysdahl later testified about the type and extent of
TMC's employees' participation in the management and operation of
Bluefin Bay. In light of his personal and business interests in
the outcome of this case, we discredit Mr. Rysdahl's testimony
concerning the number of hours spent by TMC's employees in the
activity of renting petitioners' unit. We rely on his testimony
only to the extent it is corroborated by other reliable evidence.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011