Curry v. Pope County Equalization Board

2011 Ark. 408, 385 S.W.3d 130, 2011 Ark. LEXIS 507
CourtSupreme Court of Arkansas
DecidedOctober 6, 2011
DocketNo. 10-1297
StatusPublished
Cited by11 cases

This text of 2011 Ark. 408 (Curry v. Pope County Equalization Board) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curry v. Pope County Equalization Board, 2011 Ark. 408, 385 S.W.3d 130, 2011 Ark. LEXIS 507 (Ark. 2011).

Opinion

JIM GUNTER, Justice.

| |AppeIlant appeals the circuit court’s order finding that improvements made to appellant’s property prior to his sixty-fifth birthday were “substantial improvements” within the meaning of amendment 79 to the Arkansas Constitution and that appel-lees would be allowed to include these improvements in the assessment of appellant’s property. On appeal, appellant asserts that the circuit court erred in its interpretation and application of amendment 79. Because this case involves the interpretation or construction of the Constitution of Arkansas, this court has jurisdiction pursuant to Ark. Sup.Ct. R. 1-2(a)(l)(2001). We affirm.

On October 4, 2007, appellant filed a petition in the Pope County Court contesting the $124,600 property-value assessment of his property made by the Pope County tax assessor. Appellant contended that the assessment was arbitrary, unreasonable, and out of proportion to the valuation placed on other property similarly situated, and requested a reduction in ^valuation to $97,050. In addition, appellant also asserted that the tax assessor may have incorrectly assessed his home in violation of amendment 79 to the Arkansas Constitution.

A hearing was held before the Pope County Court on October 31, 2007. At the hearing, the judge noted that he would be ruling only on the lowering of the assessment and not the amendment 79 issue. On November 13, 2007, the county court issued an order that the assessed value of the property should be $118,600. Appellant filed an appeal from this order on December 13, 2007, by timely filing the record from the county court proceeding with the Pope County Circuit Court.

On September 19, 2008, a pretrial hearing was held in the circuit court. At this hearing, the parties and the court discussed the implications of Muldoon v. Martin, 103 Ark.App. 64, 286 S.W.3d 201 (2008), which had recently been decided. In Muldoon, the court of appeals reversed and dismissed an appeal brought from a circuit-court decision regarding an erroneous tax assessment because the circuit court did not have jurisdiction. The opinion explained that a circuit court may hear a suit challenging the legality of county taxes, such as an illegal-exaction suit, but a claim alleging a flaw in assessment or erroneous collection must be brought in county court. Based on this decision, and to avoid any problems with the court’s jurisdiction to hear all of appellant’s claims, the parties and the court decided that the best course of action was for appellant to file a direct action in the circuit court that was limited to the amendment 79 issues and to merge that case with appellant’s appeal in circuit court of the county court’s order of assessment.

Per that agreement, appellant filed a petition for declaratory relief and injunction in the IsPope County Circuit Court on December 19, 2008, asserting that the tax assessor and the Pope County Equalization Board were assessing his property at an amount higher than that permitted under amendment 79. Appellant alleged that certain practices of the assessor and the equalization board were prohibited by amendment 79 and sought an injunction prohibiting the assessor or the equalization board from continuing to implement these practices. Appellees filed an answer on January 21, 2009, alleging that, prior to appellant’s sixty-fifth birthday, he had made substantial additions and improvements that required the property to be reassessed according to the terms of amendment 79.

A bench trial was held on July 27, 2009, at which both cases — the assessment-value case and the amendment 79 case — were tried before the court. Several stipulations were made prior to any testimony being offered, including the fact that: (1) appellant’s sixty-fifth birthday was on January 24, 2005; and (2) the assessment in effect on that date, which was the assessment for 2004, showed a property value of $74,650. Appellant testified that he believed that, under amendment 79, the 2004 property value should be the governing value for the assessment and taxation of his real estate. He testified that the last improvements he had made to his property, which included adding over five hundred square feet to his home, were completed in the summer of 2004, seven months prior to his sixty-fifth birthday. Appellant testified that when he received his 2007 assessment, he became aware that the county was increasing his property value to approximately $124,000 from a previous value of $97,000, and appellant contended that both figures were wrong. Appellant testified that the assessor explained to him that the increase was based on newly-discovered property that had not been 14previously assessed. Appellant testified that he did not believe the improvements made to his property met the definition of “substantial improvements” as defined by the Assessment Coordination Department (ACD) and that amendment 79 did not permit the inclusion of newly discovered property because, in subsection (d), newly discovered property is not listed as an exception.

On cross-examination, appellant stated that he called the assessor’s office in June 2004 to notify them of the additions to his property and that he was told it would be picked up in his next assessment. He recalled receiving his assessed value in July 2005, and noticed an increase, which he thought was the result of the improvements. But in 2007, he discovered that the 2005 increase was based on a neighborhood-factor increase and had nothing to do with his improvements. The 2005 assessment increased his property value from $74,650 to $97,050.

Appellee Karen Martin, the Pope County Tax Assessor, testified that the tax assessor’s office worked in a three-year cycle and that reappraisals were done in 2002, 2005, and 2008. In 2006 and 2007, according to Martin, only new construction notices were sent out. Martin testified that in 2005, the appraisal for appellant’s property value was $97,050 and that in 2007, the appraisal was $124,600. She testified that the difference was the “newly discovered, new construction, whichever you want to call it, that we picked up.” Martin explained that any changes that happen after January 1 for a given year do not get picked up until the assessment for the next year, and that in the present case, the appraisers evaluated property in December 2003 for the 2005 cycle. Martin testified that the notices went out in July of 2005 |sbut were effective on January 1, 2005, based on Ark.Code Ann. § 26-34-101 (Repl.1997).1 So, in the present case, Martin testified, the “freeze” value would be the 2005 value, because on January 1, 2005, appellant was not yet sixty-five years old.

Martin explained that the value on January 1, 2005, did not include the additions and improvements at issue because when the appraiser was there in December 2003, the improvements had not been completed. She also explained that the appraisers did not go back out to appellant’s property until May 2007, and that is when the improvements were picked up on the assessment. The improvements increased the assessed value from $97,050 to $124,600. She also explained that the 2005 assessment value was increased in part due to the location factor, because 2005 was a reappraisal year, which is when location factors are established.

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Bluebook (online)
2011 Ark. 408, 385 S.W.3d 130, 2011 Ark. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curry-v-pope-county-equalization-board-ark-2011.