Estate of Ethel Josephine Spowart Hinz - Page 40




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          portion, based on comparable sales, at $10.50 per square foot,              
          and the other portion (the portion with the building) at $11.50             
          per square foot.  Hulberg totaled the two portions and arrived at           
          a fee interest value of $5,188,000.18  This averages $11.10 per             
          square foot.  All of Hulberg’s comparable sales were of                     
          properties smaller than the Lafayette Property.  Hulberg’s expert           
          witness report makes a downward adjustment in each comparable               
          property’s sales price (in an amount that Hulberg failed to                 
          disclose) to account for the phenomenon that, at those sizes in             
          that market, smaller properties were worth more per square foot             
          than otherwise equivalent larger properties.  At trial, Hulberg             
          presented adequate rebuttals to the Kidder/Kirby attacks on many            
          of the elements of Hulberg’s analysis.                                      
               However, we remain troubled by Hulberg’s failure to guide us           
          through his decision-making process, as described in the opinion            
          text at supra note 14.  Also, we are unwilling to accept                    
          Hulberg’s explanation at trial that his shift from $3,417,000 and           
          $3,618,000 valuation conclusions to his final valuation of                  
          $3,960,000 was entirely the result of his shifting view of the              
          impact of environmental concerns.  We have not found in the                 
          record anything that would lead us to believe that Hulberg really           




          18   First portion:  179,903 sq. ft. x $10.50 per sq. ft. =                 
          $1,889,000.  Second portion:  286,886 sq. ft. x $11.50 per sq.              
          ft. = $3,299.000.                                                           





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