Proving Disproportionality Requires a Taxpayer to Establish its Aggregate Valuation is a Higher Percentage of Fair Market Value than Property in the Municipality Generally

Appeal of City of Keene
New Hampshire Supreme Court Case No. 2020-0473
Thursday, September 16, 2021

PSNH, an electric utility company, sought abatements of taxes assessed against it located in the city. The city denied the abatements. PSNH appealed to the Board of Tax and Land Appeals (BTLA), with both parties stipulating to the aggregate assessment of PSNH’s property, including an office building.

The BTLA compared the stipulated aggregate assessment with the City’s expert’s opinion of aggregate fair market value of PSNH’s property and concluded that the City over-assessed PSNH. However, the City’s expert – and, subsequently, the BTLA – excluded the office building from its valuation of PSNH’s property

On appeal the New Hampshire Supreme Court, agreed with the town that the BTLA’s calculations were unjust and unreasonable. As such, the Court remanded the case with the instruction that the aggregate fair market value should include the fair market value of the office building.


Additional Information: 

Practice Pointer:  When providing expert testimony to a judicial body on valuation, ensure that the expert will include all relevant valuations.