AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves two consolidated district court cases concerning property valuations following transfers of residential properties. In one case, a property was transferred from a trust to a wholly-owned limited liability company (LLC) for refinancing purposes. In the other, properties were transferred between LLCs and individuals for refinancing, then back to the LLCs. The Bernalillo County Assessor revalued these properties at their current and correct taxable values without applying limitations on increased value, leading to protests by the property owners to the Bernalillo County Valuation Protests Board (Board). The Board found that these transfers did not constitute a "change of ownership" under NMSA 1978, Section 7-36-21.2(E) (2010), thus not warranting a revaluation (paras 3-6).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner (Bernalillo County Assessor): Argued that the district court has appellate jurisdiction to review decisions of the Board through petitions for writs of certiorari, contended to be an aggrieved party entitled to review of the Board’s decision, and maintained that residential property transfers between individuals or their trusts and their wholly-owned LLCs constitute a “change of ownership” under the law (paras 1, 10-16).
• Respondents (SRT-Mountain Vista, LLC, Robert Fox, and Linda Fox): Contended that the Assessor lacked the right to appeal the Board’s decision, argued the Assessor was not an aggrieved party under the rule, and maintained that the transfers did not constitute “changes of ownership” for purposes of valuation limitations (paras 8, 14-17).

Legal Issues

• Whether the district court has jurisdiction to review the Assessor’s petition under Article VI, Section 13 of the New Mexico Constitution.
• Whether the Assessor may seek review under Rule 1-075.
• Whether the transfers at issue constitute “changes of ownership” for purposes of Section 7-36-21.2(E).

Disposition

• The district court has jurisdiction to review the Assessor’s petition for writ of certiorari.
• The Assessor is considered an aggrieved party under Rule 1-075(B), entitled to review of the Board’s decision.
• The transfers in question do constitute “changes of ownership” as defined by NMSA 1978, Section 7-36-21.2(E) (2010), subjecting the properties to valuation based on their “current and correct value.”

Reasons

• VARGAS, Judge (with M. MONICA ZAMORA, Chief Judge, and J. MILES HANISEE, Judge concurring): The court found that the district court has appellate jurisdiction under Article VI, Section 13 of the New Mexico Constitution to review decisions of inferior courts and tribunals through writs of certiorari. It was determined that the Assessor, as the party responsible for property valuation, is adversely affected by the Board’s decisions and thus is an aggrieved party with standing to seek review. The court concluded that the plain language of Section 7-36-21.2(E) does not include exceptions for transfers between individuals or their trusts and their wholly-owned LLCs, thereby constituting a “change of ownership” and necessitating a revaluation of the properties at their current and correct taxable values. The court remanded the case to the district court with instructions to vacate the Board’s decisions and remand the matters to the Board for further proceedings consistent with this opinion (paras 10-27).