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Culture War Roundup for the week of September 25, 2023

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On the Palm Beach property I’m knowledgeable to yes the result is corruption or ignorance or just trying to give the redditors a partisan talking point. There isn’t even plausible deniability here.

Even if Trump can’t subdivide it’s certainly worth more than sfh with 2 ocean front acres which are trading 200 million plus. The family buying that plot would buy Mar for 200 and just have 15 extra acres.

You might not be able to get the full value of 20 acres which is probably over a billion but it’s certainly worth more than the highest sfh in the neighborhood which gives a lower bound of probably 250 million.

Another user said he bought it for $12 million. That was in 1985. Per the West Palm Beach home price index the value in 2021 would be expected to be about $57 million. Yet he claimed it was worth more than $600 million at the time. A judge who infers therefrom that he was lying is not acting unreasonably. Even if he turns out to be mistaken.

just trying to give the redditors a partisan talking point

So, you think the judge ruled as he did in order to give the redditors a partisan talking point??

Another user said he bought it for $12 million. That was in 1985.

Per this article, he bought it for $5 million.

That’s not Palm Beach especially the good area or waterfront of which there is very limited supply.

Yes I do believe the judge did this for Reddit talking points.

That’s not Palm Beach especially the good area or waterfront of which there is very limited supply.

And it would have been very easy for Trump, et al, to look at property records in the area and show that prices indeed increased fifty-fold from 1985 to 2021. Did they do so? There is no evidence of that. And if they didn't, then what is the basis for claiming that the court decision is meritless?

Yes I do believe the judge did this for Reddit talking points.

Thank you. That is very valuable information.

He did do that he presented expert testimony for higher valuations

According to the decision, he did not, because the expert opinion did not include any facts. As the court said, under established law, "Where the expert's ultimate assertions are speculative or unsupported by any evidentiary foundation, however, the opinion should be given no probative force and is insufficient to withstand summary judgment." Diaz v New York Downtown Hosp., 99 NY2d 542 (2002). Had the expert said something like, "I reviewed sales records for nearby properties since 1985 and found that they had appreciated an average of 50x, so I estimate that Mar A Lago was worth Y dollars at the time in question, then there would be cause for complaint. Did he say that, or anything similar?

It’s past my legal ability but for market value purposes a top broker in the market would seem to be a reasonable expert witness.

That being said (and I’ve edited my top post) I wouldn’t quote this judges reasoning. He’s made shit up before and been reversed.

Here’s a quote:

“He said, “You can’t just do this because the zoning allows it. I just can’t believe this is the case.”

Alas for Engoron, it was the case — so the higher court reversed him. “

So in the past he’s admitted a developer was doing something “legal” and ruled against him anyway.

https://nypost.com/2023/09/27/mar-a-lago-judges-developer-hating-past-is-a-big-win-for-donald-trump/

The $25 million figure isn’t even used in the prosecutors brief. They use better arguments some of which may be correct (I think trump may have been overvaluing 50%).

a top broker in the market would seem to be a reasonable expert witness.

Of course he is an expert. No one has said otherwise. The point is that an expert's opinion must be based on evidence. As another court put it, "Like a house built on sand, the expert's opinion is no better than the facts on which it is based." Kennemur v. State of California, 133 Cal. App. 3d 907, 923 (1982)

The $25 million figure isn’t even used in the prosecutors brief.

  1. Do you have a link to the brief?
  2. That is not relevant, because the court did not hold that the property is worth $25 million. It held that is was not worth $600 million.

Here’s the filing. https://ag.ny.gov/sites/default/files/tto_complaint.pdf

It’s page 110. But also on your (2) the judge specifically says “2300%” overvaluation. You are creating a motte and Bailey. I’ve repeatedly said I think Trumps figures look high to me. I’m not debating that. My point has consistently been the 25 is stupid.

Coming to a “hard” valuation on this property is nearly impossible. It has land use restrictions. It’s also the most prestigious property in arguably the most prestigious neighborhood in the USA. How much would a tech mega billionaire pay for it to have a family heirloom for their family? Could be anything. So I’m not sure you can do better than a local market expert because their are not comps for it.

Those homes don't have land use restrictions that they can only be used as social clubs.