REBECCA WALKER, AS PALM BEACH COUNTY PROPERTY APPRAISER, APPELLANT,
v.
PAUL W. HOFFMAN AND CAMILE O. HOFFMAN, HIS WIFE, APPELLEES
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The property appraiser of Palm Beach County appealed a trial court judgment that reduced the assessed value of the Hoffmans' 25-acre vacant residential development property from $9.4 million to $4 million. While the appellate court affirmed the trial court's determination that only 209 residential units could be constructed (rather than 483), it reversed and remanded because the trial court improperly recalculated the appraisal itself rather than remanding to the appraiser to recalculate the per-unit price based on the lower density.
The appellate court affirmed that only 209 units could be constructed but reversed the trial court's recalculation, holding that the trial court erred by substituting its judgment for that of the administrative agency (the appraiser). The court held that upon determining the appraiser made an error of law, the trial court should have remanded the matter to the appraiser for re-appraisal using the corrected unit density.
[1] A trial court errs when it substitutes its judgment for the expertise of an administrative agency by re-appraising property itself rather than remanding for re-appraisal…
[2] A reviewing court should not modify an administrative order but should remand the matter to the administrative agency if an administrative function remains to be performe…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In broad outline, it is a fundamental rule of administrative law that a reviewing court should not substitute its judgment for the expertise of an administrative agency from which the appeal is taken.”
Establishes the core legal principle that justified reversal—courts must not usurp administrative agency functions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe property consisted of approximately 25 acres of vacant land that the Hoffmans planned to develop with residential units. The appraiser determined …
The full statement of facts, procedural history, and disposition for this case are member content.
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WALDEN, Judge.
The property appraiser of Palm Beach County appeals from a final judgment which reduced the 1982 assessed value of appellees’ property from $9,418,500 to $4,075,500.
The land was vacant and comprised about twenty-five acres. Appellees planned to construct a large number of residential units upon the land.
In making the assessment the appraiser determined that appellees could construct 483 units, which number she multiplied by the per unit price of $19,500, which she had calculated, in order to reach the total appraisal of $9,418,500. The trial court, in short, opined that the appraiser erred in finding that appellees could construct 483 units because the appraiser’s “theory is speculative and unsupported by competent evidence.” Instead, the trial court found that the maximum number of units that appellees could construct amounted to only 209 units. We approve and affirm the trial court’s conclusion that under appropriate law appellees could only construct 209 units.
However, and we now come to the point of trial court error, it determined that the per unit price continued to be $19,500. Thus, instead of remanding the case for re-appraisal by the appraiser in light of a maximum unit development of 209 residential units, and the criteria found in section 193.011, Florida Statutes (1983), the trial court itself re-appraised the property by the expedient of simply multiplying 209 units times the per unit price of $19,500 in order to reach the total appraisal of $4,675,500. This, in our opinion, was error. It appears that, at least to some degree, a lesser density will produce a larger per unit value. In other words, a smaller number of units on a given parcel, in this case, 209 units, will sell for more per unit than a larger number of units, in this case 483 units, upon the same parcel. However, the trial court used the appraiser’s per unit price of $19,500, which the appraiser calculated on the basis of a density of 483 units, in making the assessment for 209 units. We reject the appellees’ argument that the appraiser is stuck with a per unit value of $19,500 because the appraiser did not offer evidence of what the per unit value would be for appellees’ property based on 209 units. The appraiser is not clairvoyant and could not be expected to know in advance the different position that the trial court might take so as to provide alternate appraisal figures to cover such variations.
In broad outline, it is a fundamental rule of administrative law that a reviewing court should not substitute its judgment for the expertise of an administrative agency from which the appeal is taken. Stated another way, if an administrative function remains to be performed after a reviewing court has determined that an administrative agency has made an error of law, the court should not modify the agency order but should remand the matter to the administrative agency. Of course, the court need not remand if the modification is minor. Blake v. Xerox Corporation, 447 So. 2d 1348 (Fla.1984); Powell v. Kelly, 223 So. 2d 305 (Fla.1969); and O’Donnell v. Bossier, 425 A. 2d 1003 (Md.1981).
Here, in our opinion, the trial court having correctly determined the maximum number of units to be 209, it should have remanded the matter to the appraiser for a re-appraisal in light of that determination. Thus, the appraiser could then determine the correct per unit price using the lesser density.
We reverse and remand for further proceedings consistent with the views herein expressed.
Reversed and remanded.
HERSEY and DELL, JJ., concur.
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Citator
Cited By
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Walker v. Trump, 549 So. 2d 1098 (Fla. 4th DCA 1989)…ial court’s function to substitute its judgment on valuation for that of the property appraiser. If errors of law result in rejection of the appraiser’s evaluation, then the trial court should remand the matter for further action. Walker v. Hoffman, 464 So. 2d 710 (Fla. 4th DCA 1985). Second, by determining that the sales price to Mr. Trump was the only true indicator of just valuation, the trial court impermissibly weighed one of the statutory factors more heavily and to the exclusion of all other factors. S…
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Walker v. Hoffman, 468 So. 2d 1118 (Fla. 4th DCA 1985)…sessment merits our attention. (We determined in an earlier case involving the same property and its assessment for tax year 1982, that appel-lees could construct only 209 units and that the appraisal must reflect that limitation. Walker v. Hoffman, 464 So. 2d 710 (Fla. 4th DCA 1985). The parties are collaterally estopped from relitigating that factor absent some change in circumstances and none appears on this record.) By way of summary judgment the trial court directed appellant to value appellees’ proper…
Authorities Cited
- Powell v. J. R. Kelly as Tax Collector of Bradford Cnty., 223 So. 2d 305 (Fla. 1969)
- Blake v. Xerox Corp., 447 So. 2d 1348 (Fla. 1984)