The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...

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The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
EQUAL EYES
OFFICIAL PUBLICATION OF THE MINNESOTA ASSOCIATION OF ASSESSING OFFICERS   MNMAAO.ORG

                                                                  Winter 2021
                                                              VOLUME 43 NUMBER 163

    The Greatest Architectural Loss
    in Minneapolis History
   Education: A Year in Review

   Photo Contest Winners
The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
MAAO
                                                                                               LEADERSHIP
                                                                           Executive Officers
                                                                           President                                      Patrick Chapman, SAMA
                                                                           1 Vice President
                                                                            st
                                                                                                                             Joe Udermann, SAMA
                                                                           2nd Vice President                                   Tim Bulger, SAMA
  Imagine partnering with a pioneer in the                                 Financial Officer                                Chase Peloquin, SAMA
  industry – a company who has empowered                                   Past President                                    Daryl Moeller, SAMA
  appraisal and tax professionals for more
  than 80 years. We connect communities by                                 Regional Directors
  empowering your organization to achieve                                  Region 1                                           Ryan DeCook, SAMA
  increased efficiency, productivity, and accuracy.                        Region 2                                          Jennifer Flicek, SAMA
  Take ownership of your future and succeed                                Region 3                                      Jean Sowada-Popp, SAMA
  in delivering fair, equitable, and defendable                            Region 4                                         Amber Peratalo, SAMA
  taxation with Tyler. tylertech.com/appraisal                             Region 5                                          David Parsons, SAMA
                                                                           Region 6                                             Doug Bruns, SAMA
                                                                           Region 7                                            Chris Odden, SAMA

        EDITORIAL COMMITTEE                                                Region 8
                                                                           Region 9
                                                                                                                             Mary Jo Otten, SAMA
                                                                                                                        Joshua Hoogland, SAMA

                                                                           Committee Chairs
                                                                           Agricultural                                          Mark Koehn, CMA
                                                                           CAMA and GIS                                         Randy Lahr, SAMA
                                                                           Conference Coordinator                       Paul Knutson, SAMA, RES
                                                                           Editorial                                       Jason Jorgensen, SAMA
                                                                           Information Systems                             Michael Neimeyer, CMA
Lori Thingvold, SAMA   Jason Jorgensen, SAMA   Jamie Freeman, SAMA
Wright County          Wadena County           Clearwater County           Legislative                                       Mark Peterson, SAMA
Managing Editor        Associate Editor                                    Membership Coordinator		              Rebecca Malmquist, SAMA, RES
                       Committee Chair
                                                                           Nominating and Procedures                         Michelle Snobl, AMA
                                                                           Residential                                        John Conway, SAMA
                                                                           Rules and Resolutions                             Joe Udermann, SAMA
                                                                           Sales Ratio                                            Dell Sanko, CMA
                                                                           Scholarship                                  Carrie Borgheiinck, SAMA
                                                                           Secretary                                           Penny Vikre, SAMA
                                                                           Site Selection                                         Lisa Clarke, CMA

                                               Amber Swenson- Hill, SAMA
                                                                           Strategic Planning                               Michelle Moen, SAMA
Nancy Gunderson SAMA Jake Pidde, SAMA
Clay County          Stearns County            Polk County                 Summer Seminar Coordinator                    Kim Jensen, SAMA, CAE
                                                                           Tax Court / Valuations                                Ann Miller, SAMA
                                                                           Treasurer                                     Reed Heidelberger, SAMA
                                                                           U40/10			                                              Troy Halter, CMA

                                                                           Educational Workgroups

                                                                           Assessor Development                           Patrick Chapman, SAMA
                                                                           Course Management                     Tina Diedrich-Von Eschen, SAMA

Mike Bjork, AMA        Missy Manke, CMA        Holly Soderbeck, SAMA       Course Curriculum & Standards     Sherri Kitchenmaster/Jessi Glancey, SAMA
Washington County      Wright County           MN Dept of Revenue          Education Coordinator/Online Admin.                       Emily Squyres

   2         Winter 2021 / Equal Eyes
The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
INdex
                                                                                Commissioner’s Comments 4

                                                                                President’s Perspective               6

                                                                                MAAP Update                           8

                                                                                Education                            10

                                                                                Top 10                               20

                                                                                Classifieds                          22

The Greatest Architectural Loss                                                 What You Get For                     23

    in Minneapolis History                                                      Out of the Past                      25

                               12
                                                                                Transitions                          26

                                                                                Tax Court                            28

* The statements made or opinions expressed by authors in Equal Eyes do not necessarily represent a policy position of
the Minnesota Association of Assessing Officers.

                                                                                   Winter 2021 / Equal Eyes      3
The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
Commissioner’s
 Comments
                                                                       By Robert Doty
                                                             MN Revenue Commissioner

             New Year, New Opportunities
Now that 2021 is here, the Department on the agenda as the governor and               easy, though not always seamless,
of Revenue is gearing up for another legislators craft a budget for 2022-             which mirrors our experience at
productive year for the agency and our 23.                                            Revenue.
partners like MAAO.
                                        You play a key role in our property tax       We’re fortunate that telework and
Before continuing this discussion, system, which helps fund important                 online conferencing technology
I’d like to introduce myself as the public services across Minnesota.                 make it possible to do much of our
new revenue commissioner. For the Whatever this year brings, the                      work at a safe, social distance. We
last three decades, I’ve worked as an department is here to support you               may be able to transition back to
accounting, finance, and organizational with the tools and guidance you need.         office work this year, as COVID-19
leader in both the private and public In normal times, physical inspections           vaccines become more available.
sectors.                                and meetings make up a large part             However, we all continue to deal
                                        of your work. But last year we all            with some big unknowns. It’s not
Most recently, I served as Revenue’s needed to adapt quickly to social                yet clear when things will start
assistant commissioner for tax policy distancing requirements and other               returning to what we remember as
and public engagement. In that role, safety measures just as appeals                  “normal.” At the Fall Conference,
I’ve seen how the department’s season began – one of the busiest                      some concerns were raised about the
partnership with MAAO benefits our times on the property tax calendar.                pandemic’s continuing impact on our
state.                                  We continued to adapt our routines            collective work.
                                        throughout the year. Together, we
I look forward to building on this tackled many questions about how to                We continue to take questions
relationship, and to meeting you – fulfill assessors’ statutory duties in a           and consider options for how to
whether virtually or in-person – at safe way for you and the Minnesotans              administer property taxes in a safe
future MAAO-Revenue events.             we all serve.                                 and fair manner for 2021 and beyond.
                                                                                      For now, please stay safe and follow
Fluid Situation
                                            I know our Property Tax Division          our existing guidance on the use of
The COVID-19 pandemic continues to          discussed these, and other topics, with   virtual meetings and other tools to do
present special challenges to property      you at the MAAO Fall Conference in        your work remotely.
assessors and dominate public debate        October. That discussion showed how
at the Capitol as the legislative session   many assessors found the transition       The department will continue
begins (January 5). Taxes will also be      to working from home relatively           to monitor this situation and the

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The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
Commissioner’s Comments, continued

legislative session. As always, we’ll   If you have any questions, please •         Providing information in alternate
provide updates and guidance on         email us at proptax.questions@state.        languages or formats for people
any law or policy changes that affect   mn.us or contact your Property Tax          whose primary language is not
your work.                              Compliance Officer.                         English, or who may have visual
                                                                                    or other impairments to reading
Short-Term Rentals                      Building One Minnesota
Speaking of changes, in December        Finally, I’m honored that Gov. •            Internship programs to draw
we sent you guidance on a new law       Tim Walz appointed me to lead the           new assessors from diverse
that clarifies the classification of    department. I share his vision for One      backgrounds into the field
residential properties rented out by    Minnesota. As commissioner, my
their owners. Qualifying short-term     top priority is to provide a fair and •     Sharing information among
rental properties may be classified     transparent revenue system to help          assessors of different ages and
as 4b(1) residential nonhomestead       plan for Minnesota’s future.                experiences, and mentoring staff
if they:
     • Rented for more than 14          Increasing diversity, equity, and        These kinds of engagement help
         days in the previous year      inclusion for the Minnesotans we         all of us, whether in - or outside of
                                        serve and within our own agency is a     government. I’m excited to see the
    •   Rented for periods of less      key part of this effort at Revenue– as   progress we’ll make together.
        than 30 consecutive days        it is for all government agencies.
    •   Have fewer than four units      After the MAAO conference, several       On behalf of everyone at Revenue,
                                        of you shared what your organizations    Happy New Year – and thank you for
    •   Are not homesteaded             are doing in this regard. To name a      your partnership.
                                        few:
The new law applies only to taxes                                                Robert Doty is commissioner of the
payable in 2022 and later. For 2021,                                             Minnesota Department of Revenue.
                                        •   Training employees on diversity,
the classification made during the          equity, and inclusion
2020 assessment applies.

                                If you have any questions, please email us at
                                       proptax.questions@state.mn.us
                              or contact your Property Tax Compliance Officer.

                                                                                     Winter 2021 / Equal Eyes       5
The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
president’s
perspective                                                              By Patrick Chapman, SAMA
                                                                                     Ramsey County
                                                                                    MAAO President

  “The Pessimist Sees Difficulty in Every Opportunity.
  The Optimist Sees Opportunity in Every Difficulty.”
  – Winston Churchill
I would like to thank all the members    been working on several things,               Seminar was tremendous. We were
of MAAO for electing me president.       mostly involving decisions on                 able to host some classes and get
I look forward to working with           classes. I know around the state              them done so our members could
all the executive board members,         there is a wide opinion on the way            have the education they needed as
MAAO members and the regional            that classes should be held. I will           the licensing cycle was coming to
directors of the next year. We have      listen to all the opinions and try to         a close. I would like to personally
a challenge Infront of us, but it is a   make good decisions that will work            thank Emily Squires for her effort
great opportunity to grow. We will       for the whole of MAAO. We have                in the area. She was brilliant in
meet this challenge.                     challenges in front of us that none           facilitating this effort. Other people
                                         of us were really expecting. Have             that I would like to shine a light
To let you know a bit about myself.      faith that we will make decisions             on were Brett Hall, Dan Squires,
I am currently working for Ramsey        that we feel are the best for all             John Conway, Bob Thompson,
County Assessor’s office as the          concerned.                                    and Anthony Cortilet. These
Residential Supervisor. We have                                                        individuals stepped up and walked
a 23-person section that handles         We h a d a n e x e c u t i v e b o a r d      into the unknown of the virtual
all 148,000 residential parcels for      meeting recently in Grand Rapids              classroom. Thank you to all of them
value and classification. I have been    Minnesota. Like most of our events            for responding so swiftly to the call
in this office for 13 years. Prior to    these days it was a hybrid meeting.           for action in our organization’s time
working at Ramsey County, I was a        I think this will become the norm             of need.
fee appraiser in the metro area. I am    for us as we move forward. We
also proud to say that I am a veteran    need to find ways to stay together            The MAAO is made up of several
of the US Army and was on active         and be apart. We will ensure that             great committees. They drive the
duty from 1987 to 1991 and was           the classes can meet social distance          work that our organization does.
with the Minnesota National Guard        guidelines and be remote whenever             I would like all of you to look at
from 1991 to 1997. I have many           we can. Making classes virtual is a           the webpage and look at the list
interests and most of them involve       huge undertaking. There is no quick           of committees and see if there is
the outdoors, softball, hunting and      way to get some of this done and              something on there that you want
fishing just to name a few.              it will take some time and effort to          to get involved with. I do have
                                         make strides forward. The effort              one chairperson that would like to
Since being elected president I have     that went into last year’s Summer             step down and that would leave an

 6       Winter 2021 / Equal Eyes
The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
President’s Perspective, continued

opportunity for someone to take         information needed. We hope to be           me as we navigate some uncharted
over the nomination committee as        able to do things in person this year       waters and hit some really big
Michelle Snobl would like to move       but are ready to pivot at a moment’s        waves. I am looking forward to the
on from that committee. Their work      notice if we need to be remote. I           opportunities that the next year will
is to help find and facilitate our      would ask all members to please             offer our organization. I cannot wait
elected positions and is a great way    maintain your flexibility as we are         to see how all of you great people
for someone to get involved with        reacting to the situation as it develops.   rise and respond. I am extremely
MAAO. Other committees may be           If you need any help reach out to our       proud of this organization and all
looking for members so take a look      committee and we can get you the            its members. I know we will be
and take a chance to get involved.      help you need.                              stronger on the other side of this
                                                                                    challenge. I look forward to the
The legislative session was long        I really want to mention the job that       time when we can all be together
this year and in talking with our       was done by my predecessor. Daryl           again. Until that moment revel
legislative liaison, Matt Hilgart,      Moeller did an outstanding job with         in the opportunity provided by
the session was one out of the          the worst possible situation. At the        challenge.
norm. With COVID-19 affecting           beginning of the pandemic, he had
everything it made this a challenging   to deal with situations that were           I hope all of you stay healthy and
year for the legislature. In the end    unconscionable just weeks earlier.          safe.
we did get an abbreviated tax           The care and integrity in which he
bill and it made the short-term         made some very thoughtful decisions
rental part of the 4(b)1 residential    was impressive. I would call on all of      Patrick Chapman, SAMA
class. It additionally allowed for      you to thank Daryl for the job he did       President MAAO
a one-time transfer of a disabled       holding our organization together.
veteran exclusion to the surviving      He was able to get Summer Seminar
spouse. We look forward to another      virtual in a couple of short months
legislative season on the horizon.      and find a hybrid option for the fall
                                        conference that worked for the whole
As some of you know I am also           state. MAAO will be in debt to Daryl
on the designation committee.           for some time to come. And I want to
This committee is instrumental in       personally say thank you.
providing classes and content for
members to be successful in the         We don’t know the future, but we can
pursuit of their AMA designation.       learn from the past. Know that we
Last year were we able to give the      must be flexible. This is what I have
seminar remotely and provide the        planned for the next year. Please join

                                                                                    Winter 2021 / Equal Eyes       7
The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
MAAP                                           By Amanda Lee
                                                                               2019-2020 MAAP President

                                     UPDATE
                                                                               amandalee@co.mower.mn.us

    “If we don’t change, we don’t grow. If we don’t grow, we aren’t really living.”
                                    ~Gail Sheehy

    This will be my last article for MAAO as I have accepted a position in our Recorder’s Office. Our Vice
    President, Jenna Takemoto, from Sherburne County will be assuming my duties. I hope that you and
    yours are still staying healthy. Look for information coming next year for our MAAP 2021 conferences!

    ~Amanda Lee

8        Winter 2021 / Equal Eyes
The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
MAAP
                          UPDATE
                                                                                By Jenna Takemoto
                                                                             2020-2021 MAAP President

Hello MAAO Members!

This year has quickly gone by. MAAP officers made the decision early on to put all 2020 events and
seminars on hold due to the pandemic.

Our 2021 MAAP Summer Workshop will be held in St. Cloud on August 19th & 20th at the Holiday Inn.
Our Winter 2021 meeting will be held at the Sherburne County Government Center in December – date
to be determined. Both meetings we hope to hold in person as well as offer virtual options. We will
follow all CDC guidelines.

We are working with DOR to receive Continuing Education Hours (CEH) at the winter meeting. Since we
had a great turn out in 2019, we are working on getting 4 CEH credits instead of 3. Once again, we
extend an invite to all MAAO members. At this time our topics for both workshops are still to be
determined.

If you or any staff are not a current MAAP member and would like to join us, the annual MAAP
membership fee is $10. You may contact me for details.

I encourage MAAP participation of all administrative staff in each county. We always have topics of
discussion relating to some parts of our jobs. Bonus – networking opportunity is always fun! It’s amazing
to be able to speak and learn from others who do the same position. It will benefit you, your office and
county!

“The best way to predict your future Is to create it.” ~ Abraham Lincoln ~

Jenna Takemoto
2020-2021 MAAP President
Jenna.takemoto@co.sherburne.mn.us

                                                                                 Winter 2021 / Equal Eyes   9
The Greatest Architectural Loss in Minneapolis History - Education: A Year in Review Photo Contest Winners - Minnesota Association of Assessing ...
MAAO Education 2020 –
      A Year in Review
                                       By Emily Squyres,
                                   MAAO Education Coordinator

The year 2020 has challenged each of us              jump into it - sink or swim! With       and registration was opened a short
and required us to be thoughtful, nimble,            a six-week countdown between            six weeks after the initial decision to
and innovative, and MAAO has done                    the cancellation of the in-person       cancel the in-person conference. It
no less with its educational offerings.              conference and the date to open         was no small feat for MAAO, with no
While we began 2020 education strong                 online registration, a small team of    previous online education expertise,
with good showings for “ALP with                     people got busy working through the     to generate an online education
Ethics,” “Basic Appraisal Principles,”               many facets that would be required      experience from start to finish in six
and “Basic Appraisal Procedures” in                  to successfully host MAAO’s first-      weeks’ time. But it was successful,
January and February, and “USPAP”                    ever Online Summer Seminars             and it was all motivated by the passion
in March, the statewide shutdown in                  at the end of May. MAAO’s               and dedication of MAAO leadership
March necessitated that MAAO cancel                  Education Steering Committee and        to support assessors by offering the
the March “Mass Appraisal Basics”                    Conference Content Committee            kind of high-quality education you
offering. That decision, and the new                 worked diligently behind the scenes     need and expect from MAAO.
reality we all found ourselves within,               to find instructors who were willing
initiated flurries of email chains and               and able to transition their seminars   With a successful Summer Seminars
many hours spent on the phone and                    to a virtual offering, modify their     accomplished, we had the confidence to
in video conferences discussing the                  presentations as necessary and to       transition both the 8-hour Residential
next few months of courses. MAAO                     re-submit those seminars for online     Case Study Exam Workshop (June)
leadership carefully considered each in-             CEH approval. These instructors         and the 8-hour Income Case Study
person offering and began making the                 adapted their presentations and took    Workshop (October) to an online
difficult decision to cancel additional              extra time to learn and practice the    platform. Both instructors delivered
2020 education including the June                    online platform to ensure a smooth      informative virtual workshops for
“Residential Assessing 101” and “Basic               delivery the day-of their seminar.      assessors from across the state, giving
Apartment Valuation” courses. It was                 MAAO staff worked to identify and       many more of them the confidence
not long before these conversations                  select an online platform to host       and direction to complete their exams
ultimately led to the decision to also               the seminars, becoming experts in       and move up in their designations.
cancel in-person Summer Seminars.                    it, and training those instructors
                                                     in it. The Education Steering           While online seminars and workshops
C a n c e l i n g t h o s e o ff e r i n g s h a d   Committee Chair and MAAO                were working well, we were still
consequences for many assessors who                  leadership worked closely with the      anxious to get back to in-person
required vital Continuing Education                  State Board of Assessors to get each    meetings for two-day and weeklong
Hours to maintain their licensure, and               seminar re-approved for CEH’s in        course offerings. In order to do so, we
the end of the licensing cycle – June                the online platform, and ensuring       worked closely with each event venue
30, 2020 – was looming. The solution                 important details like registration,    (and in several cases, moved venues
and was clear: MAAO would offer                      attendance, and attentiveness were      all together), and made adjustments
Online Summer Seminars. While online                 accurately captured for assessor        for the new Covid-19 reality: courses
education was something MAAO had                     licensing standards. A new Online       would be held in rooms four times the
not previously offered, it became clear              Summer Seminars website and             normal size of our classrooms (so large
that 2020 would be the year we would                 registration process was generated,     that the last two rows of each class

    10        Winter 2021 / Equal Eyes
MAAO Education, continued

 are now referred to as the “North         distance between members, with          optimistic that the latter 2021 courses
 40”), catering adjustments had to be      thoughtful leadership and careful       will be offered as planned.
 made, the instructors and I became        planning by the Conference
 a quick draw with the temporal            Coordinators and Conference             In the latter half of 2021, we
 thermometer, and we distributed blue      Content Committee and staff,            l o o k f o r w a r d t o o ff e r i n g t h e
 paper masks like candy. We were           MAAO was able to pull together          newly-developed “Advanced Ag.
 all glad when the course schedule         again and offer vital connection and    Assessment” developed by the MAAO
 resumed in July with “ALP with            education to Minnesota assessors        Agricultural Committee, the newly-
 Ethics” as our first in-person offering   in a year when keeping physical         updated “MAAO Basic Income,” and
 since the pandemic crisis began, and      distance from each other has been a     an additional IAAO Course entitled
 we were thankful to be able to hold       defining feature of collegiality.       “IAAO 101 – Fundamentals of Real
 the remainder of the 2020 courses                                                 Property Appraisal.” Registration is
 in-person, even rescheduling the          Looking forward to 2021, we have        now open for each of these offerings!
 previously-canceled “Residential          a full schedule of courses planned      MAAO recognizes the way 2020
 Assessing 101” course for October.        which includes considerations for the   has altered people’s expectations for
                                           changes to licensing requirements       education and continues to actively
 Fall Conference was another big           and ongoing precautions for             explore options for online education
 undertaking for MAAO education            Covid-19 while remaining flexible       for 2021 and beyond.
 and, even with necessarily diminished     to “dial up” or “dial down”
 in-person attendance, MAAO safely         restrictions in accordance with
 hosted 13 seminars approved for           the Governor’s guidance. We are
 CEH’s, six of which had a virtual         already making adjustments to early
 option and alone brought in 240           2021 offerings in response to the
 registrations. Despite the physical       changing environment and remain

    If you have questions about MAAO education or are
    interested in getting more involved with it, feel free to
    reach out to Emily at:

                       educationcoordinator@mnmaao.org.

                                                                                       Winter 2021 / Equal Eyes            11
THE GREATEST
     ARCHITECTURAL
     LOSS IN
                                       By Melissa Manke, CMA
                                             Wright County
                                     Editorial Committee Member

     MINNEAPOLIS
     HISTORY

                                light court looking down

12   Winter 2021 / Equal Eyes
T
        he Northwestern Guaranty           growing rather quickly, and Menage
        Loan Building, later and           with keen foresight, bought up
        more commonly known as             farmland and meadows along the
the Metropolitan Building, was             city’s southern boundaries, platting
considered the city of Minneapolis’s       the land, laying out streets and
first skyscraper and one of the most       water and sewer hookups, and
architecturally significant structures     constructing houses. He convinced
in the city’s history. It had 12 stories   his good friend and fellow
and stood at 218 ft tall. It had small     entrepreneur Thomas Lowry to lay
observation towers that poked              in a streetcar line to provide transit
up about the corners, and a very           to the hordes of new residents
popular rooftop garden.                    he expected to move into these
                                           newly developed areas. To help
The building was built for, and            finance it all, he started his own
owned by, the Northwestern                         mortgage banking firm, the
Guaranty Loan Company,                                 Northwestern Guaranty
Louis F Menage                                             Loan Company. The
being the company’s                                         board members
founder. Menage had                                           for the NGLC
made his fortune                                                consisted of
while speculating                                                other prominent
on real estate in                                                 Minneapolis
the Minneapolis                                                   political and
area in the 1880’s,                                                business figures
but didn’t start                                                   such as: John
out in real estate.                                                S Pillsbury,
Menage, born and                                                   William D
raised in Rhode                                                    Washburn,
Island, moved to                                                  and Thomas
Minnesota in 1871                                                Lowry. Menage
when advised by                                                 developed most of
a physician that he                                            the Lakes District
had “weak lungs” – a                                         as well as Prospect
precursor to full-blown                                    Park.
tuberculosis. Minnesota’s
“bracing climate” was then                         At the height of his career,
considered to be a good course of            Menage hired E. Townsend Mix,
treatment.                                 an architect from Milwaukee,
                                           to design the new home for the
During his first winter here, Menage       Northwestern Guaranty Loan
taught shorthand at the local              Company. The Northwestern
business school, and spent a couple        Guaranty Loan Building would later
years as a clerk and timekeeper in a       and more notably be known as the
Northern Minnesota timber camp.            Metropolitan Building, named after
These positions did not satisfy his        the Metropolitan Life Insurance
ambition and he moved back to              Company that bought it after NGLC
Minneapolis and opened a real estate       collapsed.
office on Washington Avenue.

At the time, Minneapolis was
                                                           Winter 2021 / Equal Eyes   13
The Metropolitan Building was           that were cantilevered from the
               noted as a stylistic trendsetter.       building’s frame, so they required
               Construction of the 12-story building   no support columns. The galleries
               started in May of 1888 and its grand    were lined with 7-foot-high Italian
               opening was held on May 31, 1890.       marble wainscoting and ornamental
               Thousands of invited guests streamed    cast-iron balustrades with polished
               into the building to see its wonder.    brass handrails. The balustrades,
                                                       which featured an intricate pattern
               The first three floors were             of concentric circles and spiraling
               constructed of 4-foot thick exterior    curves, were made by Crown Iron
               walls of green New Hampshire            Works, a Minneapolis company
               granite. Red Lake Superior sandstone    founded in 1878. Office doors
CONSTRUCTION

               quarried near Houghton, MI,             and windows were trimmed with
               trimmed the upper nine floors, where    irreplaceable old-growth oak.
               the exterior walls slimmed to 2 feet
               thick. Most of the rock used to build   The entire twelfth floor was
               the Metropolitan were rock-faced,       originally occupied by the Guarantee
               meaning the face of the rock was left   Loan Restaurant. The restaurant
               much as it came out of the quarry.      was a novelty for the young city of
               It’s two main entrances were arced      Minneapolis, but also quite possibly
               and flanked with polished granite       the only one of its kind outside of
               columns. Some of the windows            New York City. The main dining
               through out the upper 9 levels were     room was outfitted with antique
               centered with polished granite          oak furnishings, frescoed walls
               columns as well.                        and overlooked Second Ave South.
                                                       It could seat up to 700 diners. The
               The main corner of the building         restaurant also had a “lady’s dining
               featured a prominent rounded bay        room”, a “gentleman’s café”, six
               that extended all the way to the roof   private dining rooms, and a billiard
               and then continued upward in the        room.
               form of a fifty-foot lookout tower
               thrust forward on massive brackets.
               The roofline of the Metropolitan was
               visually exciting as well. Lookouts
               at every corner, clustered chimneys,
               and a heavy stone parapet that
               doubled as a protective railing for
               patrons of the rooftop garden; one
               of only a few in the United States,
               and the only one on top an office
               building.

               From inside its second level, its
               most notable feature comes into
               view. A 56 by 90 light court with
               filigreed grillwork. Six manually
               operated birdcage-style evaluators
               and their machinery were open
               for all to see. The offices on all
               the upper levels were accessed by
               6-foot wide glass-floored galleries                           color glass
                                                                             floors

     14    Winter 2021 / Equal Eyes
Minneapolis’ downtown       had ruled in their favor.

                                                        THE METS
was ailing postwar, and
a dramatic gesture made     On Halloween 1961,
by the city’s Housing       the last of the Met’s
and Redevelopment           tenants were evicted.

                                                         DEMISE
Authority (HRA) was         Demolition began two
thought to be the only      months later, finishing
cure. Demolish the          with the last of the
city’s skid row, 22         rubble being hauled
blocks now known as         away on September
the Gateway District,       23, 1962. Minneapolis
which primarily housed      Star columnist Don
bars, liquor stores, pawn   Morrison eulogized
shops, and flop houses.     the Met’s demise as “A
The Metropolitan being      victim of the peculiar
on the edge of this,        American idea that
originally made the         motion is the same
preservation cut only to    thing as progress”.
have the HRA make a
case against it. In May     The HRA later sold
of 1959, the process of     the lot, and it became a
condemnation started,       parking lot for nearly 20
even though at the time,    years. Some parts of the
the building was 98%        Metropolitan building
occupied and generating     were salvaged. Many
a revenue of $300,000       of the intricate iron
for its owners.             grillwork disappeared
                            into homes and
 Many arguments to          businesses.
save the Met were
waged against the                                                           12th floor
                            Many of the massive
HRA’s board, at                                                             dining hall
                            stone blocks were laid
Minneapolis City            to rest in a Delano
council meetings, in        landfill. Some of
letters to the editor in    that granite had later
local newspapers, and       been resurrected and
in the offices of state     repurposed into a
and local politicians.      sculpture-park project
This was at a time          in south Minneapolis.
when very few historic
preservation laws           A very nondescript
existed, and the courts     office building built in
were not inclined to        1980 now occupies that
challenge urban renewal     corner.
programs. The HRA
was very intent on
destroying the building                                                    granite stone
and refused to make
any concessions as one
court and then another

                                                        Winter 2021 / Equal Eyes   15
1        st Place
                                   Tim Graul
                                 Ramsey County

      Photo
     Contest
     Winner

       “A
     Touch
       of
      Jack
     Frost”

      Lake
     Como
     St Paul

16    Winter 2021 / Equal Eyes
Photo
 Contest
 Winner

    “A
  Touch
    of
   Jack
  Frost”

North Shore
 Waterfall
     in
November

2   nd Place
           Gianna Olson
        City of Minneapolis
                     Winter 2021 / Equal Eyes   17
3      rd Place
                   Lynette Gaustad
                   Ottertail County

                                   Photo
                                  Contest
                                  Winner

                                     “A
                                   Touch
                                     of
                                    Jack
                                   Frost”

                                 Located in
                                  Ottertail
                                   County

18   Winter 2021 / Equal Eyes
Photo Contest
Honorable Mentions

                Winter 2021 / Equal Eyes   19
THE TOP 10   cOVID-19 IMPACTS
               ON THE REAL                                            Jamie Freeman, SAMA

              ESTATE MARKET
                                                                          Clearwater County
                                                               Editorial Committee Member

                                              Top 10
          IMPACTS COVID-19 HAS ON THE REAL ESTATE MARKET
The real estate market is not immune to the effects felt around the world due to COVID-19. As the world has
adapted to the coronavirus outbreak, the real estate market has shifted as well.

     1. The “Office” looks very different for many professionals who
        work in the real estate field. Assessors, realtors, bankers and
        so forth have adjusted their work and technology to meet the
        demands associated with the pandemic.

     2. Commercial real estate sales have slowed to a crawl. As
        thousands of restaurants, hotels and local businesses struggle to
        stay open, delinquency rates for commercial loans have
        increased significantly.

     3. Real Estate Investors are re-evaluating their choices. Rental property does not look near as attractive
        to buyers as it did pre-pandemic due to the decline in tenant’s ability to pay rent.

20     Winter 2021 / Equal Eyes
TOP 10,      CONTINUED

                                             4. COVID-19 has transformed the traditional single family
                                             home into a multi-functional structure. A typical residence
                                             now serves as a home, office, school, gym, restaurant and
                                             more. As COVID-19 continues to influence how we use our
                                             homes, new home designs will likely surface in the real
                                             estate market.

                                            5. In order to keep people safe and healthy, many banks are
   locking their doors and using creative methods to meet the needs of consumers and the real estate
   industry. In addition, mortgage delays are taking place due to the staffing of third parties, such as
   appraisers, title companies, etc.

6. The good news is…we continue to see low interest rates,
   which ups the buying power for those who are
   purchasing real estate in this ever-changing COVID-19
   climate.

7. Virtual real estate sales and Zoom buyer consultations
   are now common practice.

8. Some areas are experiencing decreased buyers in the residential market due to the pandemic. Citing
   economic fears, furloughs and social distancing as the top reasons preventing those from buying at this
   time.

9. Negative impact on the Airbnb business. This once thriving business is now seeing an occupancy rate
   as low as 10% for some dwellings. Travel bans, social distancing and fear of spreading COVID-19 has
   many choosing to stay home rather than travel.

                                    10. Construction is generally moving forward. There have been
                                    some challenges with on-site safety for workers as well as the high
                                    cost of building materials. Overall, many areas are seeing an above
                                    normal amount of new construction.

                                                                            Winter 2021 / Equal Eyes      21
Classifieds                                             Amber Swenson-Hill, SAMA
                                                                       Polk County
                                                       Editorial Committee Member

            3209 Galleria #1802, Edina
                                $5,300,000

                                 Built in 2008, 3209 Galleria #1802 is the
                                 most expensive condo for sale in Minnesota.

                                 What does $5.3 million get you?
                                 Three bedrooms, five bathrooms, and 5,024
                                 square feet. Need more? There are also
                                 10-foot ceilings, floor-to-ceiling windows, a
                                 walk-in wine cooler, mini movie theater,
                                 library, four balconies, and four underground
                                 garage stalls.

                                 Building amenities include pool, gym, and a
                                 walkway to the Galleria. Penthouse has its
                                 own private entrance.

                                 Property has been listed since October
                                 2020. HOA fees are $3,059 per a month.
                                 The annual tax bill is $59,836.

22   Winter 2021 / Equal Eyes
What You Get For
    A Tiny HOuse                 Amber Swenson- Hill, SAMA
                                                Polk County
                                Editorial Committee Member

What do you get for a 2016 tiny house in Minneapolis?
$289,400, according to the September 2020 sale of 749
Buchanan St Ne.
The main floor is a 440-square-foot heated garage,
followed by living area, and roof top deck. Interior of
home is one bedroom and one bath.
                   Taxes payable 2020
            Estimated Market Value: $143,500
                     Taxes: $2,079.90

                                                Winter 2021 / Equal Eyes   23
Assessor Word Find

     SOURCE:

24     Winter 2021 / Equal Eyes
out of the past
                                                                                                                    Remembering Yesterday                                      Amber Swenson-Hill, SAMA
                                                                                                                                                                                              Polk County
                                                                                                                                                                              Editorial Committee Member

                                                                                                             5 Years Ago—2016                   20 Years Ago—2001                     35 Years Ago - 1986
5 Years Ago—2016                   20 Years Ago—2001                     35 Years Ago - 1986
   •   Dan Whitman was                •   Jack Pasternacki was              •   Steve Behrenbrinker
       quoted as saying “If               promoted to Bloomington               joined the State Board of
       everyone had to do the             City Assessor.                        Assessors.
       job of President (for          •   Nancy Wojcik took over            •   The Tax Reform Act of
       MAAO) for a time it                for Stephen Baker as the              1986 was signed into
       would be much easier to            Brooklyn Center City                  effect by President Ronald
       operate as an assessor             Assessor.                             Reagan the changes
       because everyone would                                                   affected every business
       have a much better             25 Years Ago – 1996                       and family in America.
       understanding of the                                                 •   First federal holiday to
                                      •   Don Monk retired from
       issues we all deal with                                                  recognize Martin Luther
                                          Hennepin county after 19
       and how complex it is to                                                 King.
                                          years.
       do our work.”
                                      •   Stephanie Nyhus was            40 Years Ago – 1981
   •   Jackie Coulter was
                                          promoted to Appraiser
       interviewed for                                                      •
                                          status.                                Heavy snow with near
       becoming the new                                                         blizzard conditions with
       education coordinator.         •   U.S. was in fourth month
                                          of a budget crisis.                   over a foot of wet snow
10 Years Ago—2011                                                               caused the inflated fabric
                                   30 Years Ago – 1991                          of the Metrodome to
   •   Rebecca Malmquist said                                                   collapse and rip.
                                      •   Steven Sinell received his
       her heartfelt goodbyes
                                          AMA designation and his        50 Years Ago – 1971
       as she finished up her
       last issue as Equal Eyes           SAMA designation.
                                      •   Gale Zimmerman was                •   The Walker Art Center in
       Managing Editor.
                                          hired as an Ag Appraiser              Minneapolis, designed by
   •   Corey Erickson joined the
                                          for Morrison County.                  Edward Larrabee Barnes,
       editorial committee.
                                      •   October 31 to November 3              was completed.
   •   Nancy Gunderson was
                                          Halloween blizzard. Over
       invited to join the                                               55 Years Ago – 1966
                                          28 inches at MSP, nearly
       Editorial Committee on a
                                          37 inches at Duluth. Nasty        •    In St. Paul Richard M
       snowy Friday afternoon.
                                          windchill conditions, deep            Schulze and business
15 Years Ago—2006                         snow drifts were harsh on             partner James Wheeler
                                          wildlife. Many roads were             opened Sound of Music,
   •   Bill Peterson was MAAO             closed for days. Perhaps              an audio specialty store.
       President, Robert                  one of the largest and                The business was
       Wagner was seated as               longest lasting blizzards in          renamed Best Buy in
       First VP.                          state history.                        1983.
   •   Bruce Giddings took the        •   Median household income
       Lake County Assessor’s             was $30,126.                   65 Years Ago – 1956
       position.                      •   A cease fire brought an
                                                                            •    A new shopping mall in
                                          end to the Persian Gulf
                                                                                Edina, the first enclosed
                                          War.
                                                                                shopping mall, was
                                                                                designed as a center of
                                                                                community by Victor
                                                                                Green.

                                                                                                                •   Dan Whitman was                •   Jack Pasternacki was              •   Steve Behrenbrinker
                                                                                                                    quoted as saying “If               promoted to Bloomington               joined the State Board of
                                                                                                                    everyone had to do the             City Assessor.                        Assessors.
                                                                                                                    job of President (for          •   Nancy Wojcik took over            •   The Tax Reform Act of
                                                                                                                    MAAO) for a time it                for Stephen Baker as the              1986 was signed into
                                                                                                                    would be much easier to            Brooklyn Center City                  effect by President Ronald
                                                                                                                    operate as an assessor             Assessor.                             Reagan the changes
                                                                                                                    because everyone would                                                   affected every business
                                                                                                                    have a much better             25 Years Ago – 1996                       and family in America.
                                                                                                                    understanding of the                                                 •   First federal holiday to
                                                                                                                                                   •   Don Monk retired from
                                                                                                                    issues we all deal with                                                  recognize Martin Luther
                                                                                                                                                       Hennepin county after 19
                                                                                                                    and how complex it is to                                                 King.
                                                                                                                                                       years.
                                                                                                                    do our work.”
                                                                                                                                                   •   Stephanie Nyhus was            40 Years Ago – 1981
                                                                                                                •   Jackie Coulter was
                                                                                                                                                       promoted to Appraiser
                                                                                                                    interviewed for                                                      •    Heavy snow with near
                                                                                                                                                       status.
                                                                                                                    becoming the new                                                         blizzard conditions with
                                                                                                                    education coordinator.         •   U.S. was in fourth month
                                                                                                                                                       of a budget crisis.                   over a foot of wet snow
                                                                                                             10 Years Ago—2011                                                               caused the inflated fabric
                                                                                                                                                30 Years Ago – 1991                          of the Metrodome to
                                                                                                                •   Rebecca Malmquist said                                                   collapse and rip.
                                                                                                                    her heartfelt goodbyes         •   Steven Sinell received his
                                                                                                                    as she finished up her             AMA designation and his        50 Years Ago – 1971
                                                                                                                    last issue as Equal Eyes           SAMA designation.
                                                                                                                                                   •   Gale Zimmerman was                •   The Walker Art Center in
                                                                                                                    Managing Editor.
                                                                                                                                                       hired as an Ag Appraiser              Minneapolis, designed by
                                                                                                                •   Corey Erickson joined the                                                Edward Larrabee Barnes,
                                                                                                                                                       for Morrison County.
                                                                                                                    editorial committee.                                                     was completed.
                                                                                                                                                   •   October 31 to November 3
                                                                                                                •   Nancy Gunderson was
                                                                                                                                                       Halloween blizzard. Over
                                                                                                                    invited to join the                                               55 Years Ago – 1966
                                                                                                                                                       28 inches at MSP, nearly
                                                                                                                    Editorial Committee on a
                                                                                                                                                       37 inches at Duluth. Nasty        •    In St. Paul Richard M
                                                                                                                    snowy Friday afternoon.
                                                                                                                                                       windchill conditions, deep            Schulze and business
                                                                                                             15 Years Ago—2006                         snow drifts were harsh on             partner James Wheeler
                                                                                                                                                       wildlife. Many roads were             opened Sound of Music,
                                                                                                                •   Bill Peterson was MAAO             closed for days. Perhaps              an audio specialty store.
                                                                                                                    President, Robert                  one of the largest and                The business was
                                                                                                                    Wagner was seated as               longest lasting blizzards in          renamed Best Buy in
                                                                                                                    First VP.                          state history.                        1983.
                                                                                                                •   Bruce Giddings took the        •   Median household income
                                                                                                                    Lake County Assessor’s             was $30,126.                   65 Years Ago – 1956
                                                                                                                    position.                      •   A cease fire brought an
                                                                                                                                                                                         •    A new shopping mall in
                                                                                                                                                       end to the Persian Gulf
                                                                                                                                                                                             Edina, the first enclosed
                                                                                                                                                       War.
                                                                                                                                                                                             shopping mall, was
                                                                                                                                                                                             designed as a center of
                                                                                                                                                                                             community by Victor
                                                                                                                                                                                             Green.

                                                                                                                                                                                                 Winter 2021 / Equal Eyes   25
transitions
     Best Wishes Upon Retirement
                                                                             Nancy Gunderson, SAMA, Clay County
                                                                                    Editorial Committee Member

                  From Region 4…
                    Richard Champagne retired as an appraiser from Cass County on
                             September 11, 2020. Happy Retirement Richard.

                  From Region 5…
                      Redwood County Assessor, Kathy Hillmer retired July 2020

                  In March 1997, Kathy Hillmer began working in the Redwood County
                     Assessor’s office, initially hired as the deputy assessor. Six years
                      later, in April 2003, Kathy was appointed to serve as the county
                           assessor – a role she continued to serve until July 31st.
                                        Happy Retirement Kathy.

                  Insert pic here of Kathy

                    Lincoln County Assessor, Bruce Nielsen is retiring December 31,
                                                2020.
                                        Happy Retirement Bruce.

                  From Region 9…
                    Washington County Residential Supervisor, Al LaBine retired on
                                           December 4th
                                             Happy Retirement Al.

26   Winter 2021 / Equal Eyes
transitions
Best Wishes Upon Retirement
                                                     Nancy Gunderson, SAMA, Clay County
                                                            Editorial Committee Member

                Patrick Todd, City of Minneapolis

                                       I'M RETIRING!
                                           From eating the right food to the perfect
                                            exercise routine, find the best path to a
                                                 healthier and happier you.

                                  After 30 years with the city
                                  of Minneapolis, I'm retiring in
                                  January. I'm looking forward
                                  to what's next, and I'll miss all
                                  my friends and colleagues in
                                  MAAO! ~Patrick

              Stay in touch: patricktoddmn@gmail.com

                    Happy Retirement Patrick.

                                                                   Winter 2021 / Equal Eyes   27
TAX COURT
lowe’s Maple Grove
       vs.
hennepin county                                            Jake Pidde, SAMA, Stearns County
                                                           Editorial Committee Member

      STATE OF MINNESOTA                                                                   TAX COURT

      COUNTY OF HENNEPIN                                                         REGULAR DIVISION

      Lowe’s Home Centers, LLC,                              ORDER
      (Maple Grove),

                         Petitioner,                         File Nos: 27-CV-16-4307
                                                                       27-CV-17-4539
      vs.
                                                             Filed: November 13, 2020
      County of Hennepin,

                         Respondent.

      ______________________________________________________________________________

             This matter came before the Honorable Wendy S. Tien, Judge of the Minnesota Tax

      Court, for hearing on petitioner’s motion to allow limited additional direct testimony of its expert

      witness, Gary Battuello, at trial.

             Thomas R. Wilhelmy, Christopher A. Stafford, and Gauri S. Samant, Fredrickson &

      Byron, P.A., represent petitioner Lowe’s Home Centers, LLC (Maple Grove).

              Shannon M. Harmon, Assistant County Attorney, represents respondent Hennepin

      County.

             Based upon all the files, records, and proceedings, the Court now makes the following:

                                                   ORDER

             1. Petitioner’s motion is denied.      At trial, Lowe’s may seek leave to present Mr.

                 Battuello’s testimony in rebuttal, to the extent Mr. Mitchell testifies concerning such

                 matters, either during cross-examination by Lowe’s, or on redirect examination by the

28               / Equal Eyes
     Winter 2021 County.
TAX COURT, continued

             2. Within 20 days of the date of this Order, the parties shall contact the court for a

                   pretrial conference to discuss trial date certain scheduling.

      IT IS SO ORDERED.

                                                             BY THE COURT:

                                                             Wendy S. Tien, Judge
                                                             MINNESOTA TAX COURT

      DATED: November 13, 2020

                                               MEMORANDUM

      I.     BACKGROUND

             On March 31, 2016 and April 5, 2017, Lowe’s Home Centers, LLC (“Lowes”), filed

      property tax petitions in this Court with respect to property located at 11201 Fountains Drive

      North, in Maple Grove, for the 2016 and 2017 tax payable years. 1 This court entered scheduling

      orders in both cases. 2 Both scheduling orders provide the written report of any expert retained in

      this case who is expected to testify at trial shall serve as the authoring expert’s direct testimony. 3

             Following the parties’ stipulated motion to consolidate these cases, this court ordered the

      cases consolidated and included an amended scheduling order, adopting the scheduling order in

             1
              Pet. No. 27-CV-16-4307 (filed Mar. 31, 2016) (the “Pay-2016 Case”); Pet. No. 27-CV-
      17-4539 (filed Apr. 5, 2017) (the “Pay-2017 Case”).
             2
               Sched. Order, Pay-2016 Case (filed Feb. 6, 2017); Sched. Order, Pay-2017 Case (filed
      Apr. 9, 2018). Other than the dates, these scheduling orders are substantively identical and will
      be referenced as one Scheduling Order.
             3
                 Sched. Order ¶ 7.

                                                         2

                                                                                   Winter 2021 / Equal Eyes     29
TAX COURT, continued

     the Pay-2017 Case with slight modifications. 4 The consolidation order requires the parties to

     serve (but not file) review appraisals not later than March 4, 2019 5 and establishes a new trial

     ready date, 6 which has been continued.

              The parties exchanged expert reports and subsequently filed pretrial submissions in

     accordance with the consolidation order. 7 These included: (1) two primary appraisals of the

     subject property by Lowes (one for each tax year), each by Michael MaRous; (2) two primary

     appraisals of the subject property by the County (one for each tax year), each by Timothy

     Mitchell; (3) two review appraisals by Lowes’ review appraiser of the County’s primary

     appraisals (for the respective tax years), each by Gary Battuello; and (4) a review appraisal by

     the County’s review appraiser of Lowe’s primary Pay-2017 appraisal, by Mark Kenney.

              On March 4, 2019, Lowes moved for leave to conduct additional direct oral testimony of

     its review appraiser at trial. 8 Lowes contends that Mr. Battuello’s written review appraisal “will

     not and cannot review and respond to all of” the appraisal testimony of Mr. Mitchell. 9

     Specifically, Lowes represents that Mr. Battuello should be able to address Mr. Mitchell’s

     written appraisal in an expanded fashion as it relates to the use of sales of leased-fee properties

     as comparables in the sales comparison approach; 10 deed restrictions as they relate to the value

              4
             Order Granting Parties’ Stip. To Consol. & To Amend Sched. Order (filed July 3, 2018)
     (the “Consolidation Order”).
              5
                  Consol. Order ¶ 4.
              6
                  Consol. Order ¶ 6.
              7
                  The parties filed pretrial submissions between March 22 and April 1, 2019.
              8
                  Not. Mot. & Mot. Leave Lim. Dir. Test. Of Gary Battuello (filed Mar. 4, 2019).
              9
                   Pet’r’s Mem. Supp. Mot. Leave Lim. Dir. Test. Of Gary Battuello 2 (filed Mar. 4,
     2019).
              10
                   Pet’r’s Mem. 3-4; see Aff. Jennifer R. Pusch (Mar. 4, 2019) ¶¶ 4-5, Ex. A, at 6, Ex. B,
     at 6.

                                                        3

30     Winter 2021 / Equal Eyes
TAX COURT, continued

    of big box properties; 11 and “the nuances of the so-called ‘dark store theory.’ ” 12 Lowes

    contends this additional direct testimony by its review appraiser is warranted because Mr.

    Mitchell, in his principal appraisal for the County, “appends to his report only the IAAO paper

    titled ‘Commercial Big-Box Retail: A Guide to Market-Based Valuation’ ” and only cites to the

    paper. 13 Lowes expresses concern that, if the County does not cross-examine Mr. Battuello, or

    undertakes only a limited cross-examination, Mr. Battuello “will never have an opportunity to

    fully respond to Mr. Mitchell’s written appraisal.” 14 (Emphasis added.)

           The County responds that Lowes may seek to offer Mr. Battuello’s rebuttal testimony in

    response to Mr. Mitchell’s oral testimony at trial (whether in response to cross-examination or

    redirect), but not to explain matters already addressed in his written testimony. 15 A telephonic

    hearing on this motion was held on August 27, 2020.

    II.    GOVERNING LAW

           Minnesota Statutes, section 271.06, subdivision 7 (2018), provides that, in general, the

    Minnesota Rules of Civil Procedure and the Minnesota Rules of Evidence (collectively, the

    “Rules”) govern the procedures in the tax court, where practicable.

           With respect to discovery, Rule 26.05 provides:

                   A party is under a duty seasonably to amend a prior response to an
           interrogatory, request for production, or request for admission if the party learns
           that the response is in some material respect incomplete or incorrect and if the
           additional or corrective information has not otherwise been made known to the
           other parties during the discovery process or in writing.

           11
                Pet’r’s Mem. 4; see Pusch Aff. ¶¶ 7-8, Exs. D & E.
           12
                Pet’r’s Mem. 4.
           13
                Pet’r’s Mem. 3-4.
           14
                Pet’r’s Mem. 2.
           15
               Resp’t’s Resp. to Pet’r’s Mot. Add’l Dir. Test. Of Review Appraiser Gary Battuello
    2-3 (filed Apr. 29, 2019).

                                                     4

                                                                               Winter 2021 / Equal Eyes   31
TAX COURT, continued

     Minn. R. Civ. P. 26.05. This responsibility extends to any report of the expert. Id.; Minn. R.

     Civ. P. 26.01(b)(5).

            Regarding the presentation of evidence at trial, Rule 611(a) authorizes the court to control

     its mode and order:

            The court shall exercise reasonable control over the mode and order of
            interrogating witnesses and presenting evidence so as to (1) make the
            interrogation and presentation effective for the ascertainment of the truth, (2)
            avoid needless consumption of time, and (3) protect witnesses from harassment or
            undue embarrassment.

     Minn. R. Evid. 611(a).

            Consistent with Rule 611(a), this court regularly employs scheduling orders that require

     the direct testimony of expert witnesses to be reduced to writing, absent leave of court. Minn. R.

     Civ. P. 16.03(d) (authorizing the court to consider and take appropriate action with respect to

     “limitations or restrictions on the use of testimony under Rule 702 of the Minnesota Rules of

     Evidence”); Minn. Rule Civ. P. 16.02(f) (authorizing the court to enter a scheduling order for

     trial); Minn. Rule Civ. P. 26.01(b)(2); see, e.g., 1300 Nicollet, L.L.C. v. Cty. of Hennepin, No.

     27-CV-17-06284 et al., 2019 WL 5495872, at *2 (Minn. T.C. Oct. 16, 2019); N. Nat. Gas Co. v.

     Comm’r of Revenue, Nos. 8864-R & 8976-R, 2019 WL 2479445, at *8 n.29 (Minn. T.C. June 4,

     2019); Signature Flight Support Corp. v. Cty. of Hennepin, Nos. 27-CV-13-08346 & 27-CV-14-

     06368, 2017 WL 11104166, at *1 (Minn. T.C. Feb. 16, 2017) (all describing this court’s use of

     scheduling order requiring direct testimony of experts to be limited to written expert report).

            Appraisers in Minnesota are required to act according to the standards of professional

     appraisal practice. 82B.195, subd. 1 (2018). Such standards are set forth in USPAP, Minn. Stat.

     §§ 82B.021, subd. 26 (2018), which “reflects the current standards of the appraisal profession.”

     Mandel v. Comm’r of Revenue, No. 8787-R, 2016 WL 903301, at *5 (Minn. T.C. Mar. 8, 2016).

                                                      5

32     Winter 2021 / Equal Eyes
TAX COURT, continued

     The professional standards applicable to review appraisals require such appraisal reports to state,

     among other things:         (1) the scope of work used to develop the appraisal review; (2) the

     reviewer’s opinions and conclusions about the work under review, including the reasons for any

     disagreement; and (3) when the scope of work includes the reviewer’s development of an

     opinion of value or review opinion related to the work under review, at a minimum, summarize

     any additional information relied on and the reasoning for the reviewer’s opinion of value or

     review opinion related to the work under review. The Appraisal Foundation, Uniform Standards

     of Professional Appraisal Practice (“USPAP”) Standards Rule 4-2(g), (h), (i)(iii) (2018-19 ed.).

     III.      ANALYSIS

               Lowes seeks leave for additional oral direct testimony of its review appraiser at trial to

     expand on matters not contained in Mr. Battuello’s written review appraisal. 16 The motion is

     denied.

               Lowes contends Mr. Battuello will not be able to respond adequately to the written

     appraisals of Mr. Mitchell (i.e., Mr. Mitchell’s direct testimony), particularly in the event the

     County does not cross-examine Mr. Battuello at trial. 17 The USPAP standards governing review

     appraisals, however, require such appraisals to disclose the scope of their work to intended users

     by providing “[s]ufficient information” by “disclosure of research and analyses performed…”

     USPAP Standards Rule 4.2(g), cmt. Moreover, “[t]he report must provide sufficient information

     to enable the client and intended users to understand the rationale for the reviewer’s opinions and

     conclusions.” USPAP Standards Rule 4.2(h), cmt. The Scheduling Order incorporates these

     requirements, and provides that expert reports must include “(1) a complete statement of all

     opinions the witness will express and the basis and reasons for them; [and] (2) the facts or data

               16
                    Pet’r’s Mem. 2-3.
               17
                    Pet’r’s Mem. 2.

                                                       6

                                                                                Winter 2021 / Equal Eyes    33
TAX COURT, continued

     considered by the witness in forming the opinions . . . .” 18 Minn. R. Civ. P. 26.01(b)(2).

     Accordingly, Mr. Battuello’s written reports should have contained all the bases and reasons for

     his opinion concerning the use of sales of leased-fee properties and the effect of deed restrictions

     on value, as well as the sources on which he relied. Lowes may not supplement Mr. Battuello’s

     written reports with additional direct testimony at trial to overcome deficiencies in his written

     review appraisals so the court can “understand the rationale for [his] opinions and conclusions.”

     USPAP Standards Rule 4.2(h), cmt.

            Furthermore, Rule 26.05 requires parties seasonably to amend reports of expert witnesses

     “if the party learns that the response is in some material respect incomplete or incorrect and if the

     additional or corrective information has not otherwise been made known to the other parties

     during the discovery process or in writing.” Minn. R. Civ. P. 26.05. To the extent Lowes seeks

     an opportunity to elicit more detailed direct testimony from Mr. Battuello regarding the premises

     of his review appraisals, on account of the review appraisals being incomplete or incorrect,

     Lowes was obliged to amend the review appraisals when the need for Mr. Battuello to

     supplement his appraisals became apparent, and not to delay such amendments until the time of

     trial. See, e.g., Macy’s Retail Holding, Inc. v. Cty. of Hennepin, No. 27-CV-13-6683, 27-CV-14-

     6579, 2017 WL 2656305, at *4 (Minn. T.C. June 19, 2017) (noting that “[n]othing in rule

     26.05 … limits the duty to … some prescribed period”). This obligation is not satisfied by

     requesting leave for additional direct testimony at trial, as the purpose of discovery is to avoid

     unfair surprise. See Gale v. Cty. of Hennepin, 609 N.W.2d 887, 891 (Minn. 2000); Thorson v.

     Zollinger Dental, P.A., 728 N.W.2d 261, 266 (Minn. App. 2007).

            18
                 Sched. Order. ¶ 7.

                                                      7

34     Winter 2021 / Equal Eyes
TAX COURT, continued

           To the extent Lowes anticipates the need to respond to Mr. Mitchell’s trial testimony

    regarding the use of sales of leased-fee properties and the effect of deed restrictions on value,

    however, the situation is different. At the time of trial, if applicable, Lowes may seek leave to

    present the rebuttal testimony of Mr. Battuello pertaining to matters elicited on its

    cross-examination of Mr. Mitchell, or during the County’s redirect examination of Mr. Mitchell.

                                                        W.S.T.

                                                   8

                                                                             Winter 2021 / Equal Eyes   35
Vanguard Appraisals, Inc. was formed in 1968 as a Mass Appraisal
Company. CAMAvision©, our software product, is flexible, efficient,
and accurate to be the system of choice by assessors. It is installed in 25
Minnesota jurisdictions and over 325 jurisdictions across the Midwest.

36   Winter 2021 / Equal Eyes
Official Publication of the Minnesota Association of Assessing Officers
mnmaao.org

                                                            Winter 2021 / Equal Eyes   37
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