Start Date
12-12-2014 8:45 AM
End Date
12-12-2014 9:30 AM
Description
When should a court decision be given “stare decisis” effect? What is the role of text authorities such as The Appraisal of Real Estate in valuation cases? I contend that when a Court interprets the Constitution of that State, a Statute or an administrative Rule, that decision should be given stare decisis respect. However, when a Court approves or disapproves a particular appraisal technique, such as whether the discounted cash flow (DCF) model is too speculative to use for tax assessment purposes, such decision should not be given stare decisis consideration. Is the Appraisal Institute’s text, now in its 14 edition, “Authoritative?” th Can any publication that is revised from time to time be “authoritative?” How can such materials be properly presented to a tribunal?
Recommended Citation
Wood, Gaylord Esq., "Stare decisis effect" (2014). IAAO Annual Legal Seminar. 8.
https://researchexchange.iaao.org/legal/legal14/sessions/8
Stare decisis effect
When should a court decision be given “stare decisis” effect? What is the role of text authorities such as The Appraisal of Real Estate in valuation cases? I contend that when a Court interprets the Constitution of that State, a Statute or an administrative Rule, that decision should be given stare decisis respect. However, when a Court approves or disapproves a particular appraisal technique, such as whether the discounted cash flow (DCF) model is too speculative to use for tax assessment purposes, such decision should not be given stare decisis consideration. Is the Appraisal Institute’s text, now in its 14 edition, “Authoritative?” th Can any publication that is revised from time to time be “authoritative?” How can such materials be properly presented to a tribunal?
