Wisconsin High Court Blasts Lowe’s ‘Dark Store’ Tax Protest

In a precedent-setting decision blasting a hole in the “dark store theory” of property valuation, the Wisconsin Supreme Court tossed Lowe’s Home Centers LLC’s bid for a property tax reduction, finding the retailer had failed to prove the city of Delavan’s assessment had been excessive.

In a unanimous decision issued Thursday, the high court found no basis for Lowe’s demand for the assessment on its Delavan store to be slashed to $4.6 million for tax years 2016 and 2017, compared to the city assessor’s valuation of $8.9 million. Lowe’s had asserted its store should be compared to vacant ...