Estate of Ethel Josephine Spowart Hinz - Page 32




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          of $400,000 per lot.  However, the next morning, on redirect                
          examination, Atkinson testified that $400,000 per lot was “a                
          typographical error.”  Prompted by petitioner’s counsel, Atkinson           
          then testified that the value should have been $300,000 per lot.            
          The Court then received into evidence Atkinson’s notes that show            
          how he moved from $2,400,000 ($300,000 per lot for eight lots) to           
          an indicated value of $1,208,000.  Atkinson’s notes as so                   
          admitted conclude with the following:  “13. I arbitrarily                   
          selected a higher cost figure as I felt lots would sell at a                
          higher Price.”                                                              
               Atkinson’s flip-flops and self-confessed arbitrariness                 
          convince us that we should not give any weight to his conclusion            
          that the Quito Property’s indicated value under the cost approach           
          is $1,497,000; they also seriously undermine our willingness to             
          pay attention to his valuations of any of the Subject Properties.           
          We also view with some concern petitioner’s counsel’s                       
          presentation of Atkinson’s expert witness report with the                   
          $400,000-per-lot analysis, petitioner’s counsel’s supportive                
          questioning regarding Atkinson’s direct examination’s defense of            
          $400,000 per lot, and then Atkinson’s overnight conversion being            
          prompted by petitioner’s counsel.                                           
               Hulberg’s land development approach has some similarities              
          to, and some differences from, Atkinson’s cost approach.                    








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