First Iowa State Bank v. Board of Review of Monroe County

424 N.W.2d 441, 1988 Iowa Sup. LEXIS 166, 1988 WL 60190
CourtSupreme Court of Iowa
DecidedJune 15, 1988
DocketNo. 87-862
StatusPublished

This text of 424 N.W.2d 441 (First Iowa State Bank v. Board of Review of Monroe County) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Iowa State Bank v. Board of Review of Monroe County, 424 N.W.2d 441, 1988 Iowa Sup. LEXIS 166, 1988 WL 60190 (iowa 1988).

Opinion

SCHULTZ, Justice.

In October of 1985 Iowa’s director of revenue, acting under Iowa Code section [442]*442441.47,1 issued an equalization order raising the property tax valuation of a certain class of real estate in Monroe County. The plaintiff, First Iowa State Bank (bank), owned property affected by this order. After the property was revalued to comply with the equalization order, the bank filed a protest with the Board of Review of Monroe County (board) claiming that the adjusted valuation of its property exceeded the valuation permitted by Iowa Code section 441.21(1) (property to be assessed at fair and reasonable market value) and resulted in an excessive assessment. The board denied the bank’s protest. The bank appealed this denial to the district court. The district court rejected the board’s contention that the director of revenue had exclusive jurisdiction over the appeal and granted plaintiff’s motion for summary judgment.

As this is an appeal from a ruling on summary judgment, we garner the facts from the undisputed pleadings and affidavits of the parties. Early in 1985, the Monroe County assessor assessed the bank’s property at a total value of $226,-980.2 Pursuant to the equalization order this property was reassessed at a valuation of $271,644. The bank protested this revaluation to the board on grounds that it was excessive. See § 441.49. The bank then filed a petition in the Monroe County district court challenging the board’s denial of its protest.

Following discovery in the district court action the bank moved for summary judgment. It maintained that it was entitled to judgment as a matter of law because the board had admitted that the market value of the assessed property was $226,980. Because this amount is less than the adjusted valuation of $271,644, the bank claimed it was entitled to judgment as a matter of law under the statute which provides that the valuation of property “shall not exceed its fair and reasonable market value_” See § 441.21(l)(g).

The board’s sole defense to the bank’s motion was its contention that the district court did not have authority to review the board’s decision. It argued that section 441.49 specifically provides that the decision of the board is final and is only subject to review by the director of revenue and not the district court. The board urges that the district court lacks subject matter jurisdiction to hear an appeal from the board’s decision, because the bank did not exhaust its administrative remedy by appealing to the director of revenue. See § 602.6101 (district court has jurisdiction over all actions except where exclusive or concurrent jurisdiction is conferred upon some administrative body). Before addressing this contention, we will review the statutory scheme for property assessment involved in this dispute.

Each year by May 1 the county assessor has a duty to submit completed assessment rolls to the board of review. § 441.17(7). Included in the assessment rolls are the property to be assessed and the value of that property as personally affixed by the assessor. § 441.18. The valuation of the property must be at its “actual value” which is the “fair and reasonable market value of such property.” §§ 441.21(l)(a), (b). When the valuation of real property has changed from the previous year, the assessor must give the owner notice by April 15. § 441.23. The property owner then has the opportunity to appear before the board of review and show why the assessment values should not be changed. Id. The board of review is in session from May 1 to May 31 each year to hear such protests. § 441.33.

The grounds for protesting an assessment are enumerated in section 441.37. Included in subsection 2 is the ground that the assessment is “for more than the value authorized by law.” The board of review’s action on these filed protests may be appealed to the district court within twenty [443]*443days after its adjournment. .§ 441.38. In equalization years the assessments are subject to equalization by the director of revenue. § 441.26.

By July 1 the county assessor must transmit an abstract of the assessments to the department of revenue. § 441.45. Every two years the director of revenue shall, by August 15, order the equalization of the levels of assessment in the various assessing jurisdictions. § 441.47. The purpose of this equalization is to “adjust to actual value the valuation of any class of property.” Id. Once the director of revenue makes a proposed adjustment in the valuation of the classes of property it must serve notice on the county auditor of the affected county. § 441.48. The county, but not individual property owners, may make a written or oral protest against the proposed equalization order. Id. Any such protests are to be resolved by October 1. On or before October 15 the county auditor is required to give notice by publication of the director’s final equalization order. § 441.49. Then, the county auditor must adjust the valuation of each class of property by the required percentage. Id.

The board of review reconvenes from October 15 to November 15 to hear protests of property owners affected by the adjustment in valuation and reassessment pursuant to the equalization order. Id. The statute limits the protests following revaluation and reassessment to the ground that adjustment of valuation “will result in a greater value than permitted under section 441.21.” § 441.49. Applicable to this case is the provision of section § 441.21(l)(g) which provides that “the actual value of any property shall not exceed its fair and reasonable market value,” subject to certain exceptions not applicable here. The issue presented on this appeal is whether the district court may review the board of review’s decisions on protests following revaluation of property pursuant to an equalization order.

The issue involved is one of statutory interpretation: Does Iowa Code section 441.49 prevent the district court from reviewing the board’s denial of the bank’s protest? The pertinent portions of section 441.49 are as follows:

The local board of review shall reconvene in special session from October 15 to November 15 for the purpose of hearing the protests of affected property owners or taxpayers within the jurisdiction of the board whose valuation of property if adjusted pursuant to the equalization order issued by the director of revenue will result in a greater value than permitted under section 441.21_ The board of review may adjust all or a part of the percentage increase ordered by the director of revenue by adjusting the actual value of the property under protest to one hundred percent of actual value. Any adjustment so determined by the board of review shall not exceed the percentage increase provided for in the director’s equalization order. The determination of the board of review on file protests is final, subject to review by the director of revenue for the purpose of determining whether the board’s actions substantially altered the equalization order.

(Emphasis added). In interpreting this section our ultimate goal is to ascertain and give effect to the intention of the legislature. Kohrt v. Yetter, 344 N.W.2d 245, 246 (Iowa 1984). We do not believe that the legislature intended to preclude district court review under the facts presented in this case.

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Related

Kohrt Ex Rel. Kohrt v. Yetter
344 N.W.2d 245 (Supreme Court of Iowa, 1984)
Elliott v. Iowa Department of Public Safety
374 N.W.2d 670 (Supreme Court of Iowa, 1985)
Bd. of Sup'rs of Linn Cty. v. Dept. of Revenue
263 N.W.2d 227 (Supreme Court of Iowa, 1978)

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Bluebook (online)
424 N.W.2d 441, 1988 Iowa Sup. LEXIS 166, 1988 WL 60190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-iowa-state-bank-v-board-of-review-of-monroe-county-iowa-1988.