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VR GRAND LIMITED PARTNERSHIP IN THE DISTRICT COURT OF
FORT BEND COUNTY, TEXAS
FORT BEND CENTRAL APPRAISAL
DISTRICT,
JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW VR Grand Limited Partnership (Encore Grand Mission Apartments)
(“Plaintiff”), Plaintiff in the above-entitled and numbered cause, and complains of the Fort Bend
Central Appraisal District (“Appraisal District”), Defendant in the above-entitled and numbered
cause, and for cause of action would respectfully show unto this Court as follows:
I
Plaintiff alleges that discovery is intended to be conducted in accordance with Texas Rule
of Civil Procedure 190, Level 3.
Il.
Plaintiff is an entity owning property in Fort Bend County, Texas. The Appraisal District
is a political subdivision of the State of Texas and may be served with process by serving its Chief
Appraiser, Mr. Jordan T. Wise, or any officer or employee of the Appraisal District present at the
appraisal office at a time when it is open for business with the public. The appraisal office is located
at 2801 B.F. Terry Blvd. (FM 2218), Rosenberg, Fort Bend County, Texas 77471-8623.
PLAINTIFF’S ORIGINAL PETITION - Page 1
G:\shared\CLIENTS\PROPERTY TAX\2020\DH\VR Grand\Fort Bend POP.wpd
Order Determining Protest or Order of Dismissal
dune 19, 2020
Appraisal Review Board of Fort Bend County, Texas Property ID: 0357-00-000-0200-807
Quick Ref: R46542
Case No. F-844463-2020 Legal Description: 0367 | AND GN, ACRES 9.9716, Unrestricted
Reserve “A”, Block 1, Encore Grand Mission
Owner's Name: VR Grand Limited Partnership,
On 6/18/2020 the Fort Bend Appraisal Review Board heard the protest of Marvin F Poer & Company conceming the appraisal records for tax
year 2020
The appraisal review board (ARG) delivered proper notice of the dale, (Ima, and place of the hearing. The property owner or agent and the chief
appraiser of the appraisal district (CAD) were given the opportunity to testify and (o present evidance. Afler considering the avidence and
arguments presented al the hearing, the ARB has determined that the protest concemed the following action(s) permilted by Tax Code Section
41.41(a)
[U7] tncomect appraised or marke! value
(D7 tnetusion of the property an the appraisal records
Unequal appraisal
(21 Denia! in whote of part of a partial exemption
Daterminalion
that land does nol quetify for appraisal according (o Tax Code Chapter 23, SubchapterC, D, E, orH
Determination of the appropiiate damage assessment rating under Tax Code Section 11.25,
Any other matter permilted by Tax Code Section 41.41(a)
Based on the evidence, the ARB makes the following datermination(s) as Indicated by a “ mark and haraby lssuas the following as its ORDER
DETERMINING PROTEST OR NOTICE OF DISMI -
(F1 the arte tacks jurisdiction fo determing the protest end hereby dismisses the protest,
[J The property market vatua s excessive, and the appratsal records should be changed to $26,995,910 from the CAD vatue of $39,605,870~
oO ‘The property's appraised value és excessive, and the eppraisal records should be changed to $_ from the CAD valus
of S_
(1 The appraised or market value of the subject property és not excessiva and the appraisal records should not be changed or shou!d be increased.
[YZ] The subject property was unequally appralsed, and the appraisal records should be adjusted to reflect a vius of $29,436,000
[C1 The sunject property was not unequatly appraised end should reflect the appre!sed value of, .
‘The subject property qualified for the exemption for which application was made and the appraisal racords should be changed accordingly
‘Tha subject proparty qualified for a temporary exemption undar the Tax Code Section 11.35 and showd be assigned a damage rating Level_.
‘The subject property qualified for special appraisal, and the appralsel recards should be changed to reflect an appralsed value of S___.
‘The property owner's protest conceming other matters pemnitied by Tax Code Secilon 41.41(a) 's upheld, and the appraisal records shou'd be changed to
reftect the following changes)
‘The property owner's protest conceming other matiers permitted by Tax Code Seciion 41.41{) « denied and the sppraisal records shouid not be changed
changes to tha appralsal records are ordered due to 2 determinalfon of excessive appraised or market value and also a determination of unequal appraise, the
tower of the (wo delerminalions shall be shown in the appraisal records
‘Therefore, itis ordered that the subject property market vatue Is $26,395,910
A An dex
seph Grace
Appraisal Review Board Chalman
‘Tracie Zimmerman
Appraisal Review
Board Sacretary
* as shown In the appraisal records submitted to the ARB by the chief appratser under Tax Code Section 26.22 or 25.23.
EXHIBITA
QW ~5563E5
FORT BEND
FeNey5) APPRAISAL REVIEW BOARD
2801 B.F. Terry Blvd. | Rosenberg, Texas 77471-5600
Telephone: 281-344-8623
June 19, 2020
RECEIVED 07
Marvin F Poer & Company
13105 Northwest FWY STE 250 JUN 25 2020
Houston, TX 77040
MFP-HOU
Notice of Final Order
Quick Ret iD = Property10 Representing Legal Description Case No,
R46542 0367-00-000-0200-907 VR Grand Limiled 0367 | AND GN, ACRES 8.9716, Unrestricted F-B44463-2020
Partnership Reserve “A”, Block 1, Encore Grand Mission
A PROPERTY OWNER HAS A RIGHT TO APPEAL IN DISTRICT COURT AN APPRAISAL REVIEW BOARD ORDER DETERMINING A PROTEST
AS PROVIDED BY TEXAS TAX CODE CHAPTER 42. TO APPEAL SUCH AN ORDER TO DISTRICT COURT, A PARTY MUST FILE A PETITION
FOR REVIEW WITH THE DISTRICT COURT WITHIN 60 DAYS AFTER THE PARTY RECEIVES NOTICE THAT A FINAL ORDER HAS BEEN:
ENTERED FROM WHICH AN APPEAL MAY BE HAD OR AT ANY TIME AFTER THE HEARING BUT BEFORE THE 60-DAY DEADLINE. A
PROPERTY OWNER ALSO HAS A RIGHT TO APPEAL IN DISTRICT COURT A DETERMINATION OF AN APPRAISAL REVIEW BOARD ON A
MOTION FILED UNDER TAX CODE SECTION 25.25, THE LAW PROVIDES THAT TO FILE SUIT TO COMPEL AN APPRAISAL REVIEW BOARD
TO ORDER A CHANGE IN THE APPRAISAL ROLL UNDER TAX CODE SECTION 25.25, A PARTY MUST FILE SUIT WITHIN 60 DAYS AFTER THE
PARTY RECEIVES NOTICE OF THE APPRAISAL REVIEW BOARD'S DETERMINATION OF A MOTION UNOER TAX CODE SECTION 25,25 OR A
DETERMINATION THAT THE PROPERTY OWNER HAS FAILED TO COMPLY WITH THE PRE-PAYMENT REQUIREMENTS, FAILURE TO TIMELY
FILE A PETITION BARS AN APPEAL TO DISTRICT COURT.
A PARTY OTHER THAN A PROPERTY OWNER, IN ORDER TO EXERCISE THE PARTY'S RIGHT TO APPEAL AN ORDER OF AN APPRAISAL
REVIEW BOARD, MUST FILE’A WRITTEN NOTICE OF APPEAL WITHIN 16 DAYS AFTER THE DATE THE PARTY RECEIVES THIS NOTICE OR,
IN THE CASE OF A TAXING UNIT, WITHIN 15 DAYS AFTER THE DATE THE TAXING UNIT RECEIVES NOTICE PURSUANT TO TAX CODE
SECTION 41.07.
For more Information regarding appeal to districl court, you should consull Tax Code Chapler 42 and the clerk of the court. If you need legal advice, you
should consult an attomey.
As an altemative to filing an appeal fo district court, 8 property owner may sppaal through binding arbitration an appraisal review board order determining
a protest filed under Tax Code Section 41.41(a)(1) ar (2) concerning the appralsed or markel value of property Hi:
(1) the property qualifies as the owner's residence homestead under Tax Code Section 11.13, or
(2) the appraised or market value, as applicable, of the property es determined by Ihe order Is $5 milllon or less.
To appeal on appraisal review board order through binding arbitration, a property owner must file with the appraisal district not later than the GOih day
after the date the property owner receives nolice of the arder:
(1) a completed request for binding arbitration, a copy of which is enclosed with this nolice, and
(2) an applicable arbitralion deposit made payable fa the Comptroller in the emount provided under Tax Code Chapter 41A..
For more information regarding appeal through binding arbitration, you should consult Texas Tax Code Chapter 41A and Comptrolier Rules 9.4251-
9.4268. If you need legal advice, you should consult an altomey.
As an allemative to filing an appeal to district court, certain property owners may sppeal to the Slate Office of Administrative Hearings (SQAH) an
appraisal review board order determining a protest concerning the appraised or markel value of property broughl under Tax Code Section 41.41(a)(1) or
(2) if the appraised or markal value, as applicable, of the property thal was the subject of lhe protest, as determined by the appraisal review board order.
is more than $1 milion,
To appeal an appraisal review board order to SAH, a propeny owner must file with the chief appraiser of the appraisal distict not later than the 30th
day afer the date the properly owner receives notice of the ordar:
{1} 2 completed notice af appeal to SOAH, @ copy of which Is enclosed with this nollce, and
(2) not later than the 80th day after the date the proparty owner receives the notice of order a deposit of $1,500 made payabts to SOAH must
be filed with the appraisal district,
For more information regarding appeal to SOAH, you should consull Government Code Chapler 2003 and related SOAH rules, If you need legal advice,
you should consult an atlorney.
{tls important fo note thal the pendency of an appeal, whether to district court, thr:
‘ough binding arbitration or to SOAH, does not affect the delinquency
dale for the taxes on the property subject to the appeal. For more specific information, consult the applicable statules and rules,
‘The Property Tax Assistance Division at the Texas Comptroller of Public Accounts provides property tax information and resources for taxpayers, local
taxing entities, appraisal districts and sppraisal review boards at: comptroller texas govitaxes/property-tax
EXHIBITA
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VR GRAND LIMITED PARTNERSHIP IN THE DISTRICT COURT OF FORT BEND COUNTY, TEXAS FORT BEND CENTRAL APPRAISAL DISTRICT, JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW VR Grand Limited Partnership (Encore Grand Mission Apartments) (“Plaintiff”), Plaintiff in the above-entitled and numbered cause, and complains of the Fort Bend Central Appraisal District (“Appraisal District”), Defendant in the above-entitled and numbered cause, and for cause of action would respectfully show unto this Court as follows: I Plaintiff alleges that discovery is intended to be conducted in accordance with Texas Rule of Civil Procedure 190, Level 3. Il. Plaintiff is an entity owning property in Fort Bend County, Texas. The Appraisal District is a political subdivision of the State of Texas and may be served with process by serving its Chief Appraiser, Mr. Jordan T. Wise, or any officer or employee of the Appraisal District present at the appraisal office at a time when it is open for business with the public. The appraisal office is located at 2801 B.F. Terry Blvd. (FM 2218), Rosenberg, Fort Bend County, Texas 77471-8623. PLAINTIFF’S ORIGINAL PETITION - Page 1 G:\shared\CLIENTS\PROPERTY TAX\2020\DH\VR Grand\Fort Bend POP.wpd Order Determining Protest or Order of Dismissal dune 19, 2020 Appraisal Review Board of Fort Bend County, Texas Property ID: 0357-00-000-0200-807 Quick Ref: R46542 Case No. F-844463-2020 Legal Description: 0367 | AND GN, ACRES 9.9716, Unrestricted Reserve “A”, Block 1, Encore Grand Mission Owner's Name: VR Grand Limited Partnership, On 6/18/2020 the Fort Bend Appraisal Review Board heard the protest of Marvin F Poer & Company conceming the appraisal records for tax year 2020 The appraisal review board (ARG) delivered proper notice of the dale, (Ima, and place of the hearing. The property owner or agent and the chief appraiser of the appraisal district (CAD) were given the opportunity to testify and (o present evidance. Afler considering the avidence and arguments presented al the hearing, the ARB has determined that the protest concemed the following action(s) permilted by Tax Code Section 41.41(a) [U7] tncomect appraised or marke! value (D7 tnetusion of the property an the appraisal records Unequal appraisal (21 Denia! in whote of part of a partial exemption Daterminalion that land does nol quetify for appraisal according (o Tax Code Chapter 23, SubchapterC, D, E, orH Determination of the appropiiate damage assessment rating under Tax Code Section 11.25, Any other matter permilted by Tax Code Section 41.41(a) Based on the evidence, the ARB makes the following datermination(s) as Indicated by a “ mark and haraby lssuas the following as its ORDER DETERMINING PROTEST OR NOTICE OF DISMI - (F1 the arte tacks jurisdiction fo determing the protest end hereby dismisses the protest, [J The property market vatua s excessive, and the appratsal records should be changed to $26,995,910 from the CAD vatue of $39,605,870~ oO ‘The property's appraised value és excessive, and the eppraisal records should be changed to $_ from the CAD valus of S_ (1 The appraised or market value of the subject property és not excessiva and the appraisal records should not be changed or shou!d be increased. [YZ] The subject property was unequally appralsed, and the appraisal records should be adjusted to reflect a vius of $29,436,000 [C1 The sunject property was not unequatly appraised end should reflect the appre!sed value of, . ‘The subject property qualified for the exemption for which application was made and the appraisal racords should be changed accordingly ‘Tha subject proparty qualified for a temporary exemption undar the Tax Code Section 11.35 and showd be assigned a damage rating Level_. ‘The subject property qualified for special appraisal, and the appralsel recards should be changed to reflect an appralsed value of S___. ‘The property owner's protest conceming other matters pemnitied by Tax Code Secilon 41.41(a) 's upheld, and the appraisal records shou'd be changed to reftect the following changes) ‘The property owner's protest conceming other matiers permitted by Tax Code Seciion 41.41{) « denied and the sppraisal records shouid not be changed changes to tha appralsal records are ordered due to 2 determinalfon of excessive appraised or market value and also a determination of unequal appraise, the tower of the (wo delerminalions shall be shown in the appraisal records ‘Therefore, itis ordered that the subject property market vatue Is $26,395,910 A An dex seph Grace Appraisal Review Board Chalman ‘Tracie Zimmerman Appraisal Review Board Sacretary * as shown In the appraisal records submitted to the ARB by the chief appratser under Tax Code Section 26.22 or 25.23. EXHIBITA QW ~5563E5 FORT BEND FeNey5) APPRAISAL REVIEW BOARD 2801 B.F. Terry Blvd. | Rosenberg, Texas 77471-5600 Telephone: 281-344-8623 June 19, 2020 RECEIVED 07 Marvin F Poer & Company 13105 Northwest FWY STE 250 JUN 25 2020 Houston, TX 77040 MFP-HOU Notice of Final Order Quick Ret iD = Property10 Representing Legal Description Case No, R46542 0367-00-000-0200-907 VR Grand Limiled 0367 | AND GN, ACRES 8.9716, Unrestricted F-B44463-2020 Partnership Reserve “A”, Block 1, Encore Grand Mission A PROPERTY OWNER HAS A RIGHT TO APPEAL IN DISTRICT COURT AN APPRAISAL REVIEW BOARD ORDER DETERMINING A PROTEST AS PROVIDED BY TEXAS TAX CODE CHAPTER 42. TO APPEAL SUCH AN ORDER TO DISTRICT COURT, A PARTY MUST FILE A PETITION FOR REVIEW WITH THE DISTRICT COURT WITHIN 60 DAYS AFTER THE PARTY RECEIVES NOTICE THAT A FINAL ORDER HAS BEEN: ENTERED FROM WHICH AN APPEAL MAY BE HAD OR AT ANY TIME AFTER THE HEARING BUT BEFORE THE 60-DAY DEADLINE. A PROPERTY OWNER ALSO HAS A RIGHT TO APPEAL IN DISTRICT COURT A DETERMINATION OF AN APPRAISAL REVIEW BOARD ON A MOTION FILED UNDER TAX CODE SECTION 25.25, THE LAW PROVIDES THAT TO FILE SUIT TO COMPEL AN APPRAISAL REVIEW BOARD TO ORDER A CHANGE IN THE APPRAISAL ROLL UNDER TAX CODE SECTION 25.25, A PARTY MUST FILE SUIT WITHIN 60 DAYS AFTER THE PARTY RECEIVES NOTICE OF THE APPRAISAL REVIEW BOARD'S DETERMINATION OF A MOTION UNOER TAX CODE SECTION 25,25 OR A DETERMINATION THAT THE PROPERTY OWNER HAS FAILED TO COMPLY WITH THE PRE-PAYMENT REQUIREMENTS, FAILURE TO TIMELY FILE A PETITION BARS AN APPEAL TO DISTRICT COURT. A PARTY OTHER THAN A PROPERTY OWNER, IN ORDER TO EXERCISE THE PARTY'S RIGHT TO APPEAL AN ORDER OF AN APPRAISAL REVIEW BOARD, MUST FILE’A WRITTEN NOTICE OF APPEAL WITHIN 16 DAYS AFTER THE DATE THE PARTY RECEIVES THIS NOTICE OR, IN THE CASE OF A TAXING UNIT, WITHIN 15 DAYS AFTER THE DATE THE TAXING UNIT RECEIVES NOTICE PURSUANT TO TAX CODE SECTION 41.07. For more Information regarding appeal to districl court, you should consull Tax Code Chapler 42 and the clerk of the court. If you need legal advice, you should consult an attomey. As an altemative to filing an appeal fo district court, 8 property owner may sppaal through binding arbitration an appraisal review board order determining a protest filed under Tax Code Section 41.41(a)(1) ar (2) concerning the appralsed or markel value of property Hi: (1) the property qualifies as the owner's residence homestead under Tax Code Section 11.13, or (2) the appraised or market value, as applicable, of the property es determined by Ihe order Is $5 milllon or less. To appeal on appraisal review board order through binding arbitration, a property owner must file with the appraisal district not later than the GOih day after the date the property owner receives nolice of the arder: (1) a completed request for binding arbitration, a copy of which is enclosed with this nolice, and (2) an applicable arbitralion deposit made payable fa the Comptroller in the emount provided under Tax Code Chapter 41A.. For more information regarding appeal through binding arbitration, you should consult Texas Tax Code Chapter 41A and Comptrolier Rules 9.4251- 9.4268. If you need legal advice, you should consult an altomey. As an allemative to filing an appeal to district court, certain property owners may sppeal to the Slate Office of Administrative Hearings (SQAH) an appraisal review board order determining a protest concerning the appraised or markel value of property broughl under Tax Code Section 41.41(a)(1) or (2) if the appraised or markal value, as applicable, of the property thal was the subject of lhe protest, as determined by the appraisal review board order. is more than $1 milion, To appeal an appraisal review board order to SAH, a propeny owner must file with the chief appraiser of the appraisal distict not later than the 30th day afer the date the properly owner receives notice of the ordar: {1} 2 completed notice af appeal to SOAH, @ copy of which Is enclosed with this nollce, and (2) not later than the 80th day after the date the proparty owner receives the notice of order a deposit of $1,500 made payabts to SOAH must be filed with the appraisal district, For more information regarding appeal to SOAH, you should consull Government Code Chapler 2003 and related SOAH rules, If you need legal advice, you should consult an atlorney. {tls important fo note thal the pendency of an appeal, whether to district court, thr: ‘ough binding arbitration or to SOAH, does not affect the delinquency dale for the taxes on the property subject to the appeal. For more specific information, consult the applicable statules and rules, ‘The Property Tax Assistance Division at the Texas Comptroller of Public Accounts provides property tax information and resources for taxpayers, local taxing entities, appraisal districts and sppraisal review boards at: comptroller texas govitaxes/property-tax EXHIBITA