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PLAINTIFFS’ EXPERT WITNESS DISCLOSURE - 1
Katherine Elsaesser, ISB #9287
ELSAESSER ANDERSON, CHTD.
519 High Street
P. O. Box 369
Priest River, ID 83856
Telephone (208) 448-2990
Facsimile (208) 448-2990
Ford Elsaesser, ISB #2205
ELSAESSER ANDERSON, CHTD.
414 Church Street, Suite 201
P. O. Box 1049
Sandpoint, ID 83864
Telephone: (208) 263-8517
Attorneys For Plaintiffs
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER
CARMIN CAPITAL LLC a Washington State Limited
Liability Corporation; MATTHEW J. SPILKER and BECKY
E. SPILKER; RUSSELL D. WILLIAMS and DIANA C.
WILLIAMS; PHILLIP R. PETERSON and RITA L.
PETERSON; ABSALONSON TRUST, Randy Absalonson and
Sandra Absalonson as Trustee of the Absalonson Trust;
THOMAS L. CLEVENGER and SANDRA S. CLEVENGER;
RICHARD JOHN VIETH and LYNNE S. VIETH; DAVID D.
POWERS and SALLY N. POWERS; THOMAS RICHARD
WAKELEY and JENNIFER ANN LEHN; ESTATE OF
NORMAN S. THOMPSON, Elizabeth Scott as Personal
Representative of the Estate of Noman S. Thompson; JOHN D.
CHRISTENSON and MARCIA R. CHRISTENSON; DAVID
JOHN NELSON and KERRY H. NELSON; ROBERT E.
CRAVEN, JR.; BRYAN D. DEARDON and MICHELLE R.
DEARDON; MARCIA A. BELLES and BERT A. BELLES;
NANCY J. RENZI and THOMAS M. RENZI; OLMSTEAD
CV-2017-1110
PLAINTIFFS’
EXPERT WITNESS
DISCLOSURE
Electronically Filed6/12/2018 3:34 PMFirst Judicial District, Bonner CountyMichael W. Rosedale, Clerk of the CourtBy: Laurie Mattila, Deputy Clerk
PLAINTIFFS’ EXPERT WITNESS DISCLOSURE - 2
TRUST, Lyle Olmstead as Trustee of the Olmstead Trust;
COOPER CHING CHAO and JOSELLE LEE-CHAO; JOHN
T. BRUMLEY, DIANE I. BRUMLEY, JENNIFER K.
BRUMLEY, and KEVIN A. WALKER; MARK W. HOUK
and INEZ F. HOUK; JOHN STEVEN DAVIS & NANCY L.
DAVIS; ASHLEY WOLFE and HARRISON WOLFE;
DANIEL E LANGSDORF & MICHELE LANGSDORF;
PRIEST LAKE LEGACY LLC, A Washington State Limited
liability corporation; STEPHEN C. RICE and JULIE R. RICE;
MATTHEW J. ALICE and PAULA A. ALICE; ALBERT J.
MARTINEZ; ERICKSON TRUST, Vincent and Socorro
Erickson, Trustees of the Erickson Trust; DOUGLAS PARKER
Plaintiffs,
v.
BONNER COUNTY BOARD OF EQUALIZATION
Defendant.
COME NOW the Plaintiffs/Appellants and provide the following disclosure with regard to
expert testimony:
1. Plaintiffs/Appellants, which have 29 pending appeals, 28 appeals from 2017, and 1
from 2016, have retained the services of Ed Morse, CRE, MAI, of Morse & Company, Real
Estate Appraisers and Counselors, 10149 North Ramsey Road, Hayden, Idaho 83835, to appraise
the land value of the subject parcels that are on appeal.
2. Attached hereto as Exhibit A is a copy of the report from Ed Morse, CRE, MAI,
with regard to said parcels.
3. Appraisals have been completed for seventeen of the parcels, and access to full
appraisals will be provided to counsel for Bonner County Board of Equalization via Dropbox.
Appraisals on the remaining twelve parcels are pending and will be provided as concluded. Hard
copies of said appraisals will be available upon request of the undersigned counsel.
PLAINTIFFS’ EXPERT WITNESS DISCLOSURE - 3
4. In addition to the summary of the appraisals, the attached report includes the
curriculum vitae of Ed Morse of Morse & Company, and a summary of the completed appraisals.
Respectfully submitted this 12th day of June, 2018.
ELSAESSER ANDERSON, CHTD.
/s/ Ford Elsaesser_______________
Counsel for Plaintiffs/Appellants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 12, 2018, I caused to be served a true and correct copy
of the foregoing by the method indicated below, and addressed to the following:
Katherine Elsaesser: emailed at [email protected]
Patrick Braden: emailed at [email protected]
___/s/ Ford Elsaesser__________________________________
MORSE & COMPANY Real Estate Appraisers and Counselors
P. O. Box 3294 – 10149 N Ramsey Road – Hayden, ID 83835 Phone: (208) 667-5583
Ed Morse, MBA, JD, CRE, MAI CRE THE COUNSELORS OF REAL ESTATE
Ed Morse, CRE
June 12, 2018
Mr. Ford Elsaesser, Attorney Elsaesser Anderson, Chtd. P. O. Box 1049 414 Church St. St # 201 Sandpoint, Idaho 83864
Re: Appraisal of the Priest Lake Lots as identified in this report, Priest Lake, Bonner County,Idaho
Dear Mr. Elsaesser:
I have finished my analysis of seventeen lots on Priest Lake and the attached Restricted Use Appraisal report states the value conclusions. The report is subject to stated Extraordinary Assumptions and Hypothetical Conditions.
The improvements were not appraised and the values include land only. All values expressed are as of the effective date of value, January 1, 2017 except for Parcel #17, which was valued as of January 1, 2016.
There are an additional twelve parcels that are the subject of the pending appeal which have not been included in this appraisal. My sales research indicates the value of those parcels would be consistent with the seventeen lots appraised below.
If you have any questions, please contact me.
Sincerely Yours
Ed Morse CRE, MAI
Exhibit A - 1
1
RESTRICTED APPRAISAL REPORT Client: Elsaesser Law Firm & Ford Elsaesser.
Appraisal Problem & Purpose: This restricted use appraisal is for the use of the client in pending litigation. The rationale and sales data used by the appraiser to arrive at these conclusions is not included in this restricted use report, only the value conclusions. The report may not be understood without information retained in my work files. The restricted use report reflects only the value conclusions after the sales and valuation analysis of a phased assignment.
Ostensible Owner: Parcels and Owners are identified in the Spreadsheets that follow.
Location: The subject property consists of 17 single lots in this phase of the assignment on Priest Lake in Bonner County, Idaho.
Property Ownership Interest & Estate Appraised: A title report was not provided, and the appraiser has not considered any easements or restrictions if not shown on the face of the plat. No other title restrictions are known. The fee estate subject to plat restrictions is appraised. The right to dock out and use riparian and littoral rights is assumed to be permitted. All lots have plat restrictions against splitting the lots.
Legal Descriptions: The subject parcels are identified by Tax Parcel numbers and are further described by address in the following spreadsheet.
PRIEST LAKE APPRAISAL PARCEL SUMMARY
Parcel # Assessor Parcel # Address Owner Name
1 RP059540010080A 644 Clambake Matthew Alice
2 RP059510010150A 236 Rosalia Bay D Langsdorf
3 RP059540010030A 504 Clambake Rd J. Davis
4 RP059710020020A 52 Woodys Pt. Mark Houk
5 RP059650030060A 3427 Cape Horn A. Martinez
6 RP059550010110A 224ECavanaughBay Bert Belles
7 RP059620010260A 40 Char Lane P Peterson
8 RP059620010470A 1202 Cape Horn Rd R. Williams
9 RP059540010060A 118 Four Mile Rd Wakeley & Lehn
10 RP059610010010A 116 Pinto Pt Wolfe
11 RP059620010460A 1264 Cape Horn T. Clevenger
12 RP059610010350A 189 Pinto Pt Priest Legacy
13 RP059540010050A 84 Four Mile Rd Erickson Trust
14 RP059610010050A 314 Pinto Pt Thompson Estate
15 RP059520010290A 18 N.Eight Mile Rd Olmstead Trust
16 RP059610010440A 792 Cape Hrn Rd Carmin Capital
17 RP059610010320A 277 Pinto Pt D. Parker
Exhibit A - 2
2
Definition of Market Value & Standard of Value: The purpose of this appraisal is to estimate the Market Value of the subject property for ad valorem taxation and a tax appeal. The value to be estimated is the value in exchange, in terms of cash, for the most probable sales price. The definition of market value is:
Market Value is ...”the amount of United States dollars or equivalent for which, in all probability, a property would exchange hands between a willing seller, under no compulsion to sell, and an informed capable buyer, with a reasonable time allowed to consummate a sale, substantiated by a reasonable down or full cash payment”. As defined in the assessment statutes. [I.C. 63-201 (15)]
The above value definition has typical elements of market value definitions whereby the price is based upon typical motivation; well informed parties; adequate time is allowed to consummate a sale, price is equal to cash, and normal consideration.
Date of Appraisal & Date of Valuation: The date of valuation is January 1, 2017 for Parcels #1 through #16. The appraisal represents the ‘as is’ market value of the subject property as of that date. Sales and listings occurring prior to, and closing shortly after the date of value are used in the analysis, and any sales after the date of value were used simply to confirm sales trends evident as of the date of value. The Parker Property, Parcel #17 is valued as of January 1, 2016.
Date of Report: The date of this report is June 8, 2018.
Date(s) of Inspection: The subject parcels were inspected on May 22-23, 2018.
Market Exposure Time: Market exposure is the expected time on market required to consummate a sale of a property. A market exposure time of 3 to 6 months appears typical for recreational and waterfront lots on Priest Lake, depending upon the season. The market demand for recreational land is somewhat seasonal, and the summer is the most active market. Both comparable sales and judgment were used to bracket the exposure time range. Market exposure time is assumed to precede the date of value. The value estimate is not linked to a specific exposure time, but a range of exposure time.
Purpose, Intended Use and User of the Report: The intended use of the appraisal report is to establish a market value to assist the client in an appeal of the lot value for taxation purposes. The report at this phase is for your use only to provide information for disclosures prior to trial. The Elsaesser law firm is the intended user of the report. Any use of the appraisal by other than the intended users is not authorized or intended. The intended use of the report is to determine the market value of the subject lots for an appeal of the ad valorem tax value.
Scope of the Appraisal and Limitations on the Scope of the Analysis: The scope of the appraisal indicates the research undertaken to prepare an appraisal for its intended use. The problem to be solved is to determine the market value of the subject parcel for ad valorem taxation purposes. The appraiser performed the following steps and research in the completion of the appraisal.
Exhibit A - 3
3
1. The appraiser inspected the subject lots but not the improvements. 2. The Bonner County Assessor’s records and the State plat were used as the basis for the
land size and areas. The plat was used to determine shape and width-frontage. The appraisal assumes there are no encroachments. The appraisal assumes the frontage has typical riparian and littoral frontage and dock rights.
3. No environmental or soils reports were provided. The property is assumed to be clean, not contaminated.
4. The appraiser researched the zoning designations for the subject parcel. 5. Upon instructions of the client, Attorney Elsaesser, the building improvements are
excluded from the appraisal, and only the land is appraised. The land value is the only component of the property value in contention for the appeal. Building improvements are excluded and no building improvements were inspected.
6. The appraiser researched sales of similar land, and analyzed those sales. The Sales Comparison Approach was primarily used as the land valuation method. This is the most reliable method of land valuation.
7. Market information and sales data was researched and analyzed. Population information was available from the Census Bureau and State agencies. Employment and trend data was researched from the Idaho Department of Employment, and the Real Estate Research Report was considered and analyzed. Sales data from the Coeur d'Alene MLS, and the Selkirk MLS were used for comparison, and Land Board sales were also considered and analyzed.
8. In estimating the highest and best use of the subject parcel, the zoning, location and physical and economic attributes were considered, as well as plat restrictions.
9. After confirmation and analysis of the sales and market data, the pertinent approaches to value were used to value the subject parcel. The Income Approach is not appropriate for the valuation of the unimproved frontage land in this market. The Cost Approach is not applicable to the valuation of land. By use of a hypothetical condition, the improvements are not considered in the appraisal. The Sales Comparison Approach is applicable to the valuation problem and was accorded sole weight. Buyers typically rely upon the sales comparison analysis as the primary value indicator for waterfront land purchases.
10. Each sale was confirmed by Ed Morse, CRE, MAI using MLS data, Assessor’s data, buyers attorney, or from the Broker/agent unless otherwise noted in the report. Sales prices and auction sale conditions were confirmed with the Idaho Department of Lands or the client. All the analysis and report conclusions in the appraisal were prepared by Ed Morse, CRE, MAI unless stated otherwise.
11. Forecasts of market supply, demand, inventory and price trends are based upon available local market sales information and statistics as of the date of the report. Subsequent market changes, after the date of valuation, or regulations adopted after the date of valuation were not considered in the value estimate.
Extraordinary Assumptions & Hypothetical Conditions: An extraordinary assumption is one that, for purposes of the assignment, is assumed to be true. A hypothetical condition is one that is contrary to what exists, that is assumed to be true for purposes of the assignment. Any
Exhibit A - 4
4
extraordinary assumption or hypothetical condition that is used in an appraisal may affect the assignment results (value conclusions). The following extraordinary assumptions and hypothetical conditions were used and employed in this appraisal, in addition to the standard assumptions and limiting conditions in the report:
1) The appraiser was not provided any environmental report, and the report assumes the property is not contaminated in any manner. No contamination was observed, but the appraiser is not qualified to detect contamination. No soil tests were provided. The soils are assumed to be adequate for drain fields and groundwater suited for wells or potable water when no community system is available.
2) The appraisal assumes fee title for the subject property. No title report was provided. Plat restrictions were considered.
3) The Assessor’s public records were used for land areas and frontage except when it conflicts with the plat. Public record building sizes and areas are typically used for listing purposes by local realtors in the marketplace. The appraiser was instructed to exclude the improvements by the client, and the building improvements are excluded from the appraisal. The improvement value is not in dispute and is excluded by this hypothetical condition.
4) Road and easement reservations, as well as limits on lot divisions on the plat, and setback requirements are assumed valid and binding, limiting lot use to a single dwelling site.
Report Form & Format: This restricted appraisal report contains brief statements pursuant to USPAP Standards Rule 2-2. Sales and analysis data is retained in my files and report drafts which include descriptions of the property, the sales used, and the reasoning and analysis used to reach the value conclusions. The report is completed under the content requirements of USPAP SR 2-2 for a Restricted Appraisal Report. Sales And Ownership History: The subject parcels have been purchased in the past few years and the prior purchases and prices, exclusive of buyers fees, are shown in the spreadsheet on the following page.
Exhibit A - 5
5
PRIEST LAKE APPRAISAL PARCEL SUMMARY
Parcel # Assessor Parcel # Address Owner Name Prior Sale Price Sale Date
1 RP059540010080A 644 Clambake Matthew Alice $400,000 Aug-14
2 RP059510010150A 236 Rosalia Bay D Langsdorf $413,000 Jun-16
3 RP059540010030A 504 Clambake Rd J. Davis $437,000 Jul-16
4 RP059710020020A 52 Woodys Pt. Mark Houk $410,000 Oct-14
5 RP059650030060A 3427 Cape Horn A. Martinez $475,000 Oct-16
6 RP059550010110A 224ECavanaughBay Bert Belles $380,000 Sep-14
7 RP059620010260A 40 Char Lane P Peterson $365,000 Oct-14
8 RP059620010470A 1202 Cape Horn Rd R. Williams $425,000 Aug-14
9 RP059540010060A 118 Four Mile Rd Wakeley & Lehn $465,000 Sep-16
10 RP059610010010A 116 Pinto Pt Wolfe $601,604 Jul-16
11 RP059620010460A 1264 Cape Horn T. Clevenger $465,000 Jul-16
12 RP059610010350A 189 Pinto Pt Priest Legacy $503,604 Jun-16
13 RP059540010050A 84 Four Mile Rd Erickson Trust $455,000 Jul-16
14 RP059610010050A 314 Pinto Pt Thompson Estate $391,000 Oct-16
15 RP059520010290A 18 N.Eight Mile Rd Olmstead Trust $535,000 Sep-15
16 RP059610010440A 792 Cape Hrn Rd Carmin Capital $512,604 Sep-15
17 RP059610010320A 277 Pinto Pt D. Parker $528,000 Oct-15
Prior Professional Services on the Subject Property: The appraiser has not provided prior appraisal or other professional services on the subject parcels within the last three years from the date of engagement for this assignment. Current Use: The subject lots have been used for summer waterfront recreation and cottage or home sites on Priest Lake.
Proposed Use: The proposed use of the subject property is continued recreational use based upon the highest and best use analysis. Based upon this appraiser’s research the highest and best use is the continued single residential recreational lot use.
HIGHEST AND BEST USE Highest and Best Use is defined by the Appraisal Institute in the Dictionary of Real Estate Appraisal, Fifth Edition as:
"The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." The highest and best use for each subject lot is for continued residential recreational use as a single building site. The lots are plat restricted against splitting and limited to a single residential site.
Exhibit A - 6
6
VALUATION SUMMARY The sales comparison approach was used to value the subject lots. The lots vary in frontage and slope and both point to point (Ptp) or meander (men’dr) measurement were used. Some lots have irregular shore lines and the protrusions do not add to or increase lot utility. Frontage measurement is an important attribute for waterfront lots, but irregular rock protrusions, subject to flooding with rock and brush do not enhance lot value in many cases. Both Ptp and Men’dr frontage measurements were considered in the appraisal analysis.
After considering current economic and market conditions, and the attributes of the subject property, and subject to the assumptions and conditions of this appraisal, I conclude the market value of the subject lots as stated below.
PRIEST LAKE APPRAISAL PARCEL SUMMARY As of
1/1/2017 Parcel
# Assessor Parcel # Address Owner Name Prior Sale
Price Sale Date Ptp FF
Men'dr FF
Market Value
1 RP059540010080A 644 Clambake Matthew Alice $400,000 Aug-14 149.3 213 $490,000
2 RP059510010150A 236 Rosalia Bay D Langsdorf $413,000 Jun-16 163.48 166 $550,000
3 RP059540010030A 504 Clambake Rd J. Davis $437,000 Jul-16 167.67 190 ff $550,000
4 RP059710020020A 52 Woodys Pt. Mark Houk $410,000 Oct-14 169.33 177 $565,000
5 RP059650030060A 3427 Cape Horn A. Martinez $475,000 Oct-16 173.31 179 ff $570,000
6 RP059550010110A 224ECavanaughBay Bert Belles $380,000 Sep-14 149.58 151 $470,000
7 RP059620010260A 40 Char Lane P Peterson $365,000 Oct-14 145.65 154 $495,000
8 RP059620010470A 1202 Cape Horn Rd R. Williams $425,000 Aug-14 149.92 159 $510,000
9 RP059540010060A 118 Four Mile Rd Wakeley & Lehn $465,000 Sep-16 155.16 175 ff $520,000
10 RP059610010010A 116 Pinto Pt Wolfe $601,604 Jul-16 189.76 226 ff $740,000
11 RP059620010460A 1264 Cape Horn T. Clevenger $465,000 Jul-16 149.54 156 $520,000
12 RP059610010350A 189 Pinto Pt Priest Legacy $503,604 Jun-16 147.45 152 ff $600,000
13 RP059540010050A 84 Four Mile Rd Erickson Trust $455,000 Jul-16 127.52 138 ff $480,000
14 RP059610010050A 314 Pinto Pt Thompson Estate $391,000 Oct-16 98.86 114 ff $425,000
15 RP059520010290A 18 N.Eight Mile Rd Olmstead Trust $535,000 Sep-15 148.66 150 ff $565,000
16 RP059610010440A 792 Cape Hrn Rd Carmin Capital $512,604 Sep-15 146.89 147 $590,000
As of 1/1/2016
17 RP059610010320A 277 Pinto Pt D. Parker $528,000 Oct-15 167.7 173 $590,000
________________________ Ed Morse, CRE, MAI Certified General Appraiser-CGA23 Attachment: Certification Qualifications List of Cases & Depositions
Exhibit A - 7
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CERTIFICATION OF THE APPRAISER
I certify that, to the best of my knowledge and belief,
1. The statements of fact contained in this report are true and correct.
2. The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analysis, opinions and conclusions.
3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved.
4. My engagement in this assignment was not contingent upon developing or reporting predetermined results.
5. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or occurrence of a subsequent event.
6. This appraisal was not based on a requested minimum valuation, a specific valuation, or the approval of a loan.
7. My analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice.
8. I have made a personal inspection of the property that is the subject of this report. No one provided significant professional assistance to me except as specifically noted in this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
9. The reported analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute and the Counselors of Real Estate.
10. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
11. As of the date of this report, I have completed the requirements of the continuing education program of the Appraisal Institute.
Ed Morse, CRE, MAI CGA-23
Exhibit A - 8
8
QUALIFICATIONS
ED MORSE, CRE, MAI EDUCATION: Yakima Valley College - 1968-1970; Bachelor of Science Degree - University of Idaho - 1972 Masters Degree in Business Admin - University of Idaho - 1973 Juris Doctorate of Law, Cum Laude - Gonzaga University, College of Law - June 1977
REAL ESTATE APPRAISAL EDUCATION: University of Idaho
Essentials of Real Estate (#461) 1971; Real Property Appraisal (#462) - 1972 American Institute of Real Estate Appraisers/Appraisal Institute
Principles of Income Property Appraising #201) and Basics Principles, Methods & Techniques of Real Estate Appraisal (#1A) – 1974; Urban Properties (#11) – 1976; Eminent Domain & Condemnation Valuation Principles (#IV) – 1978; Investment Analysis (#006) – 1981; Standards of Professional Practice (#2-3) – 1981; Report writing and Valuation Analysis (#2-2) and Capitalization Theory & Techniques Part A & B (#1BA, #1BB) - Challenged 1989; Case Studies in Real Estate Valuation (#2-1) - Challenged 1990; Separating Real & Personal Prop from Intangible Bus Assets (#SE800) – 2002; SSP – A&B Standards of Professional Practice & USPAP - 2002 (15 hr) 2005 (7 hr); Business Practices and Ethics (#11420N) – 2003, 2007, 2013; (#11420N) – 2007; USPAP Update course (7hr) 2007, 2008, 2010, 2012, 2013, 2015, 2017; Analyzing Distressed Real Estate – 2009 (4 hr); Data Verification Methods (5 hr) 2010; Subdivision Valuation (7 hr) 2011; Site Use and Valuation Analysis (6 hr) 2011; Analyzing Tenant Credit Risk and Commercial Lease Analysis (7 hr) 2011; Supervising Appraisal Trainees (4 hr) 2011; Cool Tools: New Technology for Real Estate Appraisers 2013; Using Your HP 12C Financial Calculator 2013; Fundamentals of Separating Real Property and Intangible Business Assets, 2013; The Discounted Cash Flow Model: Concepts, Issues, Aps – 2015; Litigation Appraising: Specialized Topics & Applications 2015; Uniform Appraisal Standards for Federal Land Acquisitions: Practical Applications 2017
Miscellaneous Courses American Right of Way Assn (#401); Evaluation of Conservation Easements (Al & ASFMRA) - 2008
SEMINARS: FHLMC
Residential Instruction Seminar SREA
Introduction to Capitalization Seminar, Condemnation & Partial Takings, Underwriting & Regulations 41-B to 41-C
Appraisal Institute Feasibility & Highest and Best Use Seminar, Income Capitalization Seminar, Appraising Properties with Environmental Hazards, AIREA 1991 Symposium - 1991, Litigation Valuation - 1992, Environmental Considerations in Real Property Valuation - 1992, Appraising the Tough Ones - 1993, Understanding Limited Appraisals & Reporting Options (General) - 1994, Real Estate Risk Analysis - 1995, Litigation Valuation - 1995, Business Valuation - Part I - 1996, Business Valuation - Part II - 1996, Zoning, Police Power & Regulatory Takings - 1996, Timberland Valuation - 1997, 30 Specialized Appraisal Issues - 1998, Appraisal of Detrimental Conditions - 2000, 2000 Real Estate Market Forum - 2000, Valuation of Detrimental Conditions in Real Estate - 2000, Appraisal Review - 2001, Real Estate Fraud: The Appraiser’s Responsibilities & Liabilities - 2002, Appraisal Consulting - 2003, Scope of Work - 2003, Mathematically Modeling Real Estate Data Seminar - 2004, Feasibility, Market Value, Investment Timing: Option Value - 2005, The Road Less Traveled: Special Purpose Properties - 2005, Site To Do Business - 2006, Attacking and Defending an Appraisal in Litigation - 2007, Federal Land Acquisitions Seminar – 2007; Right of Way, Three Cases with two Approaches Webinar – 2014, Appraising Airports & Airplane Hangars Webinar - 2014
Exhibit A - 9
9
Law Seminars The Art & Science of Mediation-Institute of Conflict Mgmt & First District Bar Assn - 1996, Eminent Domain, Law Seminars International - 1998, Eminent Domain & Land Valuation Litigation, American Law Institute - 1999, Partial Interests: Theory and Case Law - 2000, Eminent Domain & Inverse Condemnation in Idaho, Law Seminars International - 2001, Eminent Domain & Inverse Condemnation, Law Seminars International - 2003
Miscellaneous Seminars & Symposiums Loss Prevention - 1998, Skills of Expert Testimony, IRWA - 2000, Recent Development in Federal Tax Valuation - 2000, Appraisal Foundation - Valuation Fraud Symposium - 2006 Real Estate Market Forum 2007, 2009, 2010, 2012, 2015, 2016
PROFESSIONAL AFFILIATIONS/MEMBERSHIPS The Counselors of Real Estate (CRE) Appraisal Qualifications Board of the Appraisal Foundation – past member, past Chairman Idaho Real Estate Appraiser Board - former Board Member Member, Inland Northwest Chapter of the Appraisal Institute, MAI Certificate #10898 Idaho State Certified General Appraiser, Certificate #23 Formerly licensed Idaho Real Estate Broker Member of the Idaho Bar Association - inactive status
APPRAISAL EXPERIENCE: Gridley & Hoagland, Real Estate Appraisers - January 1974 to June 1976; Morse & Morbeck, Real Estate Appraisers - July 1976 to August 1979; Acuff & Morse, Real Estate Appraisers and Counselors - September 1979 to June 1985; Appraiser - Morse & Company, Real Estate Appraisers and Counselors - July 1985 to Present Authored - "The Appraisal of Community Property,” The Appraisal Journal, 10/88, pg 477 TEACHING EXPERIENCE: Instructor - Formerly a Certified Instructor for the Idaho Real Estate Commission, Education Council, for their Real Estate Appraisal Course, at various locations and at North Idaho College. Developed and taught a seminar for appraisers on Regulatory Taking Damage Measures for the Inland Northwest Chapter of the Appraisal Institute; and regulatory taking and special benefits seminars for attorneys with Law Seminars International.
Speaking engagements on appraisal issues, qualifications, and eminent domain. Adjunct University of Idaho College of Law – Appraisal, Valuation & Damages
TYPICAL ASSIGNMENTS: Appraisals to determine the Market Value of unimproved land, existing and proposed residential and multi-residential properties; existing and proposed recreational properties and recreational land; agricultural property, timber lands, ranches, special purpose properties; existing and proposed commercial, industrial and mining properties. I have also completed appraisals of existing and proposed subdivisions; PUD's; and condominiums. I have appraised special purpose properties including golf courses, athletic clubs, bowling alleys, psychiatric hospital, mini-lubes, car washes, C-stores, water rights, mining and mineral interests including gravel, corridors, railroad rights-of-way, linear easements, and businesses. I have also appraised conservation easements, numerous partial takings, and remnant parcels, leaseholds, and physical and legal interests. Recreational property includes waterfront lands, condominiums, ski condominiums, waterfront PUD’s and condos; and recreational “in holdings” surrounded by public lands and river front recreation land.
Exhibit A - 10
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I have qualified as an expert witness and testified in both district and magistrate courts in Idaho, Washington, and U.S. Bankruptcy Court. I have testified about actual market value, and as an expert regarding damages on the fee simple estate and partial interests. I have completed appraisals for partial interest acquisitions, for easements and similar fractional interests, in a "before" and "after" situation, and other fractional interests like leased fee subject to a leasehold interest, and life estates. I have testified on damages in condemnation cases and numerous real estate damage cases. I have also completed appraisals on contaminated or impaired properties, and have testified as an expert regarding the value of contaminated property, and damages to real property, and damages to business interests. Litigation and appraisal experience includes easements, fee interests, partial interests and assignments for community property valuation and apportionment of community improvements. Typical assignments also include appraisals, consulting, counseling to solve real estate problems, feasibility analysis and/or highest and best use analysis; and appraisals on real property interests. I have served as a court appointed arbitrator involving the partition of a large farm with timberlands, and as arbitrator in several cases involving real property and contractual interests. Real estate counseling assignments include the determination of damages, regulatory takings, and the denial of all viable economic use. I have testified as a review appraiser. I have performed reviews for lending purposes and for easement acquisitions and fee requisitions under the federal rule for airport expansions. TYPICAL CLIENTS: Served as an independent fee appraiser for such clients as: Ada County Highway Dist Farmer's Insurance Group Mountain West Bank Avista Utilities First American Title Panhandle State Bank Bank CDA Grange Mutual Life Insurance Safeco Insurance Bank of America Idaho Forest Industries Spokane County Parks Dept City of Bonners Ferry Idaho Independent Bank Transamerica Mortgage Co City of Coeur d'Alene Idaho Power Umpqua Bank City of Colville, WA Idaho Public Utility Comm Union Pacific Rail Road City of Hayden Idaho Transportation Dept US Bank City of Sandpoint Key Bank Washington Trust Bank Clark Fork/Pend Oreille Cnsvy Kootenai County Wells Fargo Bank Coeur d’Alene Tribe Kootenai County Library Dist Various Law Firms & Attorneys Columbia Bank Merrill Lynch
Exhibit A - 11
11
June 12, 2018 Ed Morse, CRE, MAI Depositions or Testimony Rodney Mall v. City of Coeur d’Alene – CV-17-1073 – 2018 Kootenai County District Court – Peter Erbland, Attorney at Law – Trial Testimony Washington Federal v. Hulsey and SM Commercial Properties, LLC – CV-14-55 – 2015 – Shoshone County Dist Court – John Magnuson, Attorney at Law - Deposition State v. Trestle Creek Storage – CV2012-02111 – 2015 – Bonner County Dist Court –ITD – Deposition and Testimony State v. Trestle Creek Inn – CV 2012-0107 – 2014 – Bonner County Dist Court – ITD - Deposition Kobrick v. Sawmill Point Development Inc - CV-11-2494 – 2014 – Kootenai County Dist Court John Magnuson, Attorney at Law - Deposition Liberty Bankers Life Insurance v Witherspoon Kelley – 2014 – Kootenai County Dist Court Lukins & Annis MWB v. Durham – 2013 – Kootenai County Dist Court Lukins & Annis MWB v. Tate – 2012 – Kootenai County Dist Court Lukins & Annis MWB v. Hayden Valley Property – 2012 – Kootenai County Dist Court Lukins & Annis Oenga et al v. United States and BP Explorations et al: US Court of Claims – 2010 – Seattle Federal Court Givens Law Firm Seubert-Pottratz Quarry Lease, Latah, Washington – 2010 – Arbitration Ron Blewett, Attorney
Exhibit A - 12
