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Granted Appeal Summary

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Case

PORTSMOUTH 2175 ELMHURST, LLC v. CITY OF PORTSMOUTH, ET AL. (Record Number 181439) From The Circuit Court of the City of Portsmouth; K. Melvin, Judge.

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Counsel

Barry Randolph Koch, Thomas E. Snyder, and Jennifer T. Langley (Inman & Strickler, P.L.C.) for appellant. James A. Cales III (Furniss, Davis, Rashkind and Saunders, P.C.) for appellee.

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Assignments of Error

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1. The Trial Court erred in its application of Va. Code \\xa7 58.1-3984 (2018), by heightening the standard for the Plaintiff to rebut the presumption of correctness of appraised value, thereby making taxpayer challenges virtually impossible. After applying the manifest error standard erroneously, the trial court nevertheless purported to apply that standard and found that it was not met.

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2. The Trial Court failed to make accurate findings of fact consistent with the evidence presented at trial in finding that (1) the Plaintiff had failed to show manifest error, (2) the highest and best use of the Property was not \\u201cAs Vacant,\\u201d and (3) that Plaintiff\\u2019s expert did not state that the City failed to comply with professional appraisal standards.

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3. The Trial Court erred in awarding attorney\\u2019s fees to the Defendants by failing to apply ruling standards for determining the reasonableness of attorney\\u2019s fees.

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Source Document: http://www.courts.state.va.us/courts/scv/appeals/181439.pdf

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