Estate of Ethel Josephine Spowart Hinz - Page 31




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               Neither expert used a comparable sale that the other one               
          did.  Neither expert gave us a cogent reason to conclude that his           
          selection of comparable properties’ sales was better than the               
          other’s, that his adjustments were better than the other’s, or              
          that a per-lot computation, was better than a per-acre                      
          computation, or vice versa.                                                 
              Cost or Land Development Analysis                                      
               As best we can tell, what Atkinson describes as the “Cost              
          Approach” is essentially similar to what Hulberg describes as the           
          “Land Development Approach”.  Both Atkinson and Hulberg used, in            
          their cost or land development analysis, sets of comparable                 
          property sales that were different from the comparable property             
          sales they used in the basic comparable sales analysis.                     
               Atkinson’s expert witness report states that                           
               I have selected $400,000 per lot for eight lots [the number            
               of residential lots that both sides agree the Quito Property           
               would probably be subdivided into] as being a reasonable               
               retail lot value due to the location and the 18 to 24 months           
               it would take to have the lots ready to sell.                          
          Atkinson’s expert witness report then goes on to state that the             
          indicated value by this approach is $1,497,000.  Atkinson’s                 
          expert witness report does not explain, or even briefly describe,           
          the process by which he moved from $3,200,000 ($400,000 per lot             
          for eight lots) to an indicated value of $1,497,000.                        
               At trial, on direct examination, Atkinson attacked Hulberg’s           
          valuation of the Quito Property and contrasted it with his choice           






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