Marchegian Sportsman Club Inc. v. Town of Guilford
A court may credit one appraiser's opinion about fair market value. The Town of Guilford assessed the fair market value of the subject property at $370,000. The plaintiff appealed, and the plaintiff's appraiser, Marc Nadeau, opined that the fair market value of the property was $275,000, because the property is not particularly accessible. The municipality's appraiser, Albert Franke, opined that the fair market value was $592,500. The property has a clubhouse that was built in 1968 and that is used about six times per year. The property has about 32 acres and can be accessed via Lane Pond Road, a dirt road that the town defines as an "A3" road that is not paved or maintained by the town. The plaintiff's appraiser claimed that to expand the road to 50 feet wide, which is the width required by the municipality for municipal roads, an owner would be required to negotiate easements and to purchase nearby property. The court found that a potential developer could be discouraged from purchasing the plaintiff's property, because it has restricted access and it is rocky and hilly. The court adopted the plaintiff's appraiser's reasoning about the fair market value and concluded that the fair market value of the subject property was $275,000.