The City got 3 studies, two of which are from reputable firms and found a value of ~$70 mil, and one from a single guy sued for basically fudging numbers that found $100 mil. This is clearly a point for the court to decide, but I would be betting on the judge going with the 2 reputable studies from well known firms over the Tom Hocking study. As a result, I stand by my wording of "heavily disputed", and I think that is a winning argument in court for GWI. You clearly disagree, so can you explain why you feel that the court will use the valuation of the Hocking study over the other 2?
You are muddling the point. The discount rate to a particular entity is heavily dependent on their financing rate. As discussed before, if I am borrowing money at x%, then my discount rate MUST BE >= x%. The risk associated with the income stream merely affects the premium over x%. In short, if I borrow money at x% to buy the present value of an income stream valued using a discount rate of y%, then if y < x, I AM GUARANTEED TO LOSE MONEY!
So, I believe my post on this is 100% correct, and if the city uses CASH ON HAND instead of bonds, they have more flexibility is arguing the discount rate. If they use bonds, then they are stuck with that rate as a minimum (and really, with a risk premium, they need to go a bit higher). There is simply no getting around this point, no matter how much you try to confuse the issue.
If they are bluffing on a nothing hand then how are they having any effect on this at all? With bonds at 8-9% interest, I think they have a pretty slam dunk winner of a case. At 6%, I think it gets murky (as it does if the city pays using cash on hand), and the case hinges on the interpretation of "grossly disproportionate". I think paying double is clearly "grossly disproportionate", but I can't say that paying 25% more is clearly "grossly disproportionate"? Much more murky at that point.