Gordon v. Sandoval County Assessor

2001 NMCA 044, 28 P.3d 1114, 130 N.M. 573
CourtNew Mexico Court of Appeals
DecidedMay 25, 2001
Docket21,400
StatusPublished
Cited by8 cases

This text of 2001 NMCA 044 (Gordon v. Sandoval County Assessor) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gordon v. Sandoval County Assessor, 2001 NMCA 044, 28 P.3d 1114, 130 N.M. 573 (N.M. Ct. App. 2001).

Opinion

OPINION

PICKARD, Judge.

{1} This case lies at the intersection of the general rule of confidentiality contained in the tax administration acts and the general policy favoring openness of government and disclosure of public records. The statute specifically at issue is NMSA 1978, § 7-38-19 (1991), which provides:

D. Except as provided otherwise in Subsection E of this section, valuation records are public records.
E. Valuation records that contain information regarding the income, expenses other than depreciation, profits or losses associated with a specific property or a property owner or that contain diagrams or other depictions of the interior arrangement of buildings, alarm systems or electrical or plumbing systems are not public records and may be released only in accordance with Paragraphs (2) through (7) of Subsection A of [NMSA 1978,] Section 7-38-4 [ (1991) ].

The Assessor takes the position that all information it keeps on uniform property record cards promulgated by the State Taxation and Revenue Department is confidential because it sometimes keeps information on these cards that falls within the information listed in Section 7-38-19(E). The district court disagreed and required the Assessor to make its record cards available to Plaintiff with any confidential material redacted. We agree with the district court's decision, and we therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

{2} Plaintiff is a taxpayer who is involved in protesting various property tax valuations. He wrote to the Assessor, requesting photocopies of the property record cards for nine properties on the north side of a certain street. The Assessor wrote back, claiming that the cards were exempt from disclosure based on the general rale of confidentiality of property taxpayer information, NMSA 1978, § 7-38-4 (1991). Plaintiff then filed a complaint under the Inspection of Public Records Act, NMSA 1978, §§ 14-2-1 through-12 (1947, as amended through 1999). Following the Assessor’s answer, Plaintiff moved for summary judgment.

{3} The motion for summary judgment was supported by the following undisputed facts. Plaintiff wanted to inspect the property cards for the nine properties, and Plaintiff attached a sample of those property cards, showing the information they usually contained. The front of the card has spaces for the property address, code number, school district, owner’s name and address, legal description, information on the type of streets and utility improvements to the property, value computations, and assessment summary. The back of the card has spaces for information such as is typically found on property appraisals-types and grades of foundation, walls, plumbing, heating, built-ins, and the like; square footage of the buildings, including a description of what parts are heated and plumbed; a summary of the appraisal calculation; and a space for a ground plan sketch. Both sides of the card have a space for notes. The ground plan sketch on the sample card shows a rough sketch of the outside walls of the building, with an indication of which part of the building is an unfinished garage. The Assessor provided Plaintiff with information about the nine properties through the Assessor’s computer; this information was limited to the landowner’s name, the property address and legal description, and the assessed valuation of the property. The Assessor would not make any other information available to Plaintiff, including copies of the property cards relating to these nine properties.

{4} The Assessor’s response to the motion for summary judgment was supported by her affidavit, in which she said that she was familiar with the property cards used by her office and that the “cards in our office routinely contain confidential information in the form of sales price data, information regarding income, or diagrams or other depictions of the interior arrangement of buildings, alarm systems or electrical or plumbing systems or other notations which are not public records.” She made no statements of any facts concerning the cards for the nine properties at issue in this case.

{5} After reviewing the pleadings and submissions of the parties and hearing oral argument, the district court granted summary judgment for Plaintiff. It ordered the Assessor to provide Plaintiff with the requested cards with any confidential information under Section 7-38-19(E) redacted. The Assessor appealed, and we assigned the case to our legal calendar. There is no information in the record in this ease concerning what specific material is contained on the nine cards Plaintiff sought.

CONTENTIONS OF THE PARTIES

{6} The Assessor’s brief in chief takes the position that her affidavit, stating that property cards routinely have information listed in Section 7-38-19(E) on them, established that the property cards are excluded from being public records under a literal reading of Section 7-38-19(E). The Assessor’s literal reading is based on the fact that the statute says that valuation records that contain any of the listed information “are not public records.” Id. The Assessor supports her statutory construction argument with various policy arguments, including that taxpayers should be encouraged by confidentiality rules to openly provide all relevant information to taxing authorities and that statutes should be interpreted not to place undue administrative burdens on government.

{7} Plaintiffs answer brief essentially argues that the Assessor’s literal reading is unreasonable because it would effectively nullify Section 7-38-19(D), which states that valuation records are public records. Plaintiffs argument is also supported by policy arguments, including that New Mexico has a public policy favoring openness of government and that the Assessor’s administrative burden can be lessened by the Assessor’s own internal practices.

{8} In the reply brief, for the first time, the Assessor does an about-face and contends that disclosure of information should depend on the type of information sought and not on the type of record sought and that the only type of information that should be disclosed is that defined in NMSA 1978, § 7-38-20(D) (1996) (stating what a notice of assessment should contain). The Assessor also contends in the reply brief for the first time that the individual property owners of the nine properties were indispensable parties.

DISCUSSION

{9} We first discuss our general approach to the issues in this case and dispose of the issues raised for the first time in the reply brief. We next state the appropriate standards of review and then decide the issues in the context in which they were raised below.

{10} Two issues were raised for the first time in the reply brief. The first is a construction of the statute that limits disclosable information to that contained on notices of assessments, and the second is a contention that indispensable parties are not before this Court. We will not entertain either contention under the circumstances of this case. It appears to us that both are being made as afterthoughts, almost last-ditch efforts to avoid this Court’s decision on the merits of the issues joined by the parties, both below and during the initial stages of this appeal.

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Cite This Page — Counsel Stack

Bluebook (online)
2001 NMCA 044, 28 P.3d 1114, 130 N.M. 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-sandoval-county-assessor-nmctapp-2001.