Friday, June 18, 2010

Decision in 'Saddle Ridge Corp. v. Board of Review for Town of Pacific' 2010 WI 47

Wisconsin Supreme Court decision today in this case (2007AP2886) reversing the Court of Appeals. See Argument.

Opinion by Chief Justice Abrahamson for a unanimous court.
¶2 The question presented is whether Saddle Ridge was properly assessed by the Town of Pacific for property tax due on 41 tax parcels in three condominiums developed by Saddle Ridge. These parcels correspond to 41 condominium units that are declared and platted in the condominium instruments but were not constructed at the time they were assessed by the Town. As stated by the Town, the issue is, "Who is responsible for paying property taxes on declared but unbuilt condominium units?"[footnote omitted]

¶3 For the reasons set forth, we conclude that the Board "acted according to law" in assessing Saddle Ridge for the unbuilt units. Saddle Ridge owns the declared but unbuilt condominium units and these unbuilt units are tax parcels, the assessment value of which is assessed to Saddle Ridge. ...
¶69 ... if Saddle Ridge does not pay the taxes assessed on the percentage share of each of the declared but unbuilt units, then one of two things must happen: either no one pays the pro-rata share of taxes for that fraction of the common elements or the taxes for that portion of the common elements will be shifted to the unit owners of the already-built units.

Towns can tax properties approved for condos, by Sean Ryan, The Daily Reporter

Taxable condominium units include units not built, supreme court holds, by Joe Forward, State Bar of Wisconsin