Kakris v. Montbleau

575 A.2d 1293, 133 N.H. 166, 1990 N.H. LEXIS 53
CourtSupreme Court of New Hampshire
DecidedMay 23, 1990
DocketNo. 88-189
StatusPublished
Cited by7 cases

This text of 575 A.2d 1293 (Kakris v. Montbleau) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kakris v. Montbleau, 575 A.2d 1293, 133 N.H. 166, 1990 N.H. LEXIS 53 (N.H. 1990).

Opinion

Thayer, J.

This .case is before us on appeal from an order of the Superior Court (Mangones, J.) approving the Master’s (John J. Ryan, Esq.) report and recommendation to quiet title to a twenty-acre tract of land in defendant Armand Montbleau and to deny plaintiff Niki Kakris’ petition to quiet title and to set aside conveyance. For the reasons that follow, we affirm.

In 1957, Christos and Christina Kakris purchased roughly eighty-three acres of land known as the “Old Gould Farm” located off Spaulding Hill Road in the town of Pelham. They began to sell portions of this original eighty-three-acre parcel in 1963, when they entered into what was essentially a contract for deed to sell twenty acres of land to Frank and Elizabeth Berry, pursuant to which the Berrys were responsible for and paid the property taxes on the twenty acres and the Kakrises held the deed until full payment was made in 1968. In addition to the Berry conveyance, the Kakrises sold approximately 39.5 acres of land to Henry and Lucy Seamans in 1964. The Kakrises, in 1968, conveyed a two-acre parcel of land to their daughter, Niki, and to themselves. Christos Kakris died in 1973, and the two-acre tract was transferred in 1974 by Niki and Christina to Niki individually.

The relevant town tax records reflect that from 1958 until 1962 the Kakrises owned the eighty-three acres of land; all property taxes were assessed to and paid by them. The 1963 records indicate that twenty of the original eighty-three acres were sold to the Berrys and were to be taxed to them, while the taxes on the remaining sixty-three acres were the responsibility of the Kakrises. The 1964 tax records recognize the transfer of the 39.5 acres to the Seamans, and indicate that the Kakrises were assessed that year as follows: “75 [169]*169acres, land, Spaulding Hill Road — $1,700.00—sold to Seamans 39 xh acres plus house. One acre, land and buildings, Spaulding Hill Road, $4,550.00 — sold to Berry 22 xh acres.” (There is also a notation on the tax blotter which says “rest is in error.”) But from 1965 until 1968, even though subtraction of the Berry and Seamans conveyances from the original eighty-three-acre parcel should have left the Kakrises with at least a twenty-acre tract of land, no taxes whatsoever were assessed to the Kakris family. Apparently, the town was operating under the mistaken assumption that the Kakrises had sold all of their holdings and no longer owned any taxable property in Pelham. Then, in 1968, the Kakris name was once again listed in the tax rolls, this time as owner of a two-acre parcel of “Back land off Spaulding Rd., part Gould Farm.” This, presumably, refers to the intra-family conveyance from Christos and Christina Kakris to Niki Kakris and to themselves in 1968, and to Niki individually in 1974. From 1968 until the present, a member of the Kakris family has paid the property taxes on this particular two-acre parcel. No one, however, has filed any inventories for, paid any taxes on, or made any inquiries concerning ownership of the currently disputed twenty-acre tract of land. The subject property disappeared entirely from the tax rolls in 1965, and did not reappear until 1981, when the tax map for the town of Pelham was completed. Evidently, once the tax map was completed, the town became aware of a number of parcels of land whose owners were unknown and for which no property taxes had been assessed or paid.

In 1982, in accordance with RSA 73:20, the land in question, designated as Lot 001-142 on the tax map, was taxed to “owner unknown.” When the taxes were not paid, the town conducted a tax sale pursuant to RSA chapter 80. Defendant Armand Montbleau purchased the land for unpaid taxes and, at the conclusion of the mandatory two-year redemption period, received a tax collector’s deed to the property.

In 1985, Christina Kakris filed a petition to quiet title and to set aside conveyance after her daughter, Niki, received an anonymous phone call informing Niki that the Kakris family owned more than two acres of land in Pelham, but that it had been sold at a tax sale. After Christina’s death in 1986, Niki Kakris, as executrix of her mother’s estate, was substituted as party plaintiff.

In her petition, the plaintiff complained that the town of Pelham failed to meet the statutory notice requirements pertaining to the conveyance of a tax collector’s deed and delineated in RSA 80:38-a [170]*170(Supp. 1989). She further contended that the actions of the town created a situation where, as a matter of equity, the tax sale should be reformed and she should be awarded the property. With respect to the notice issue, the master specifically found that the town of Pelham “met the statute,” which simply required the town “to make an effort to reasonably ascertain [the identities of] the current property owners from the information available to the Town in its tax warrants or property inventories.” With respect to the equity claim, the master found that the plaintiff did not meet her burden of proof in that “the evidence justifiefd] the conclusion that the Kakris family had the best and the only realistic opportunity to correct the situation, and that neither the actions of the Town or Mr. Montbleau contributed to the eventual loss of the Kakris’ property rights to the subject parcel.”

On appeal, the plaintiff complains that she was denied due process because the town failed to give her, as owner of the property, notice before the tax collector’s deed was given to defendant Montbleau. She argues that the court below erred in quieting title in Armand Montbleau, claiming (1) that the town knew or should have known that the Kakris family owned the property; (2) that no notice was ever sent in accordance with RSA 80:38-a (Supp. 1989); and (3) that, even if notice was sent, the town’s failure to exercise reasonable efforts to locate the owner, coupled with notice to “owner unknown,” was insufficient to meet the statutory notice requirement. Both defendants, the Town of Pelham and Armand Montbleau, contend that the constitutional issue of due process was not raised below and, therefore, cannot be argued on appeal. In the alternative, they claim that the town’s actions complied with the statutory notice mandates and satisfied the constitutional requirements of due process.

After oral argument on the issues discussed above, we requested that the parties submit supplemental briefs and reargue the specific question of the effect on the disposition of this case, if any, of both the inaccuracy of the town’s tax records as to the holdings of the Kakris family and “the obligation to and failure of plaintiff’s predecessors in title to file inventories, pay tax, or make any inquiry concerning ownership of the disputed parcel, as both relate to the issue of the town’s obligation and ability to determine ownership of the property from its records.” The plaintiff contends that the unfortunate chain of events that ultimately led to the loss of her land through tax sale is directly traceable to the disappearance of the land from the town’s tax rolls. She claims that the town was respon[171]*171sible for the inadvertent disappearance of the twenty-acre tract from the tax rolls and that this loss was the “prime and direct cause” of the town’s subsequent inability to ascertain the owner of the property. In addition to this “causation argument,” Ms. Kakris also claims that the town had a statutory responsibility to forward inventories to the taxpayers, and that, having failed to do so, the town must share responsibility with the Kakris family for the fact that the requisite inventories were not filed.

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Bluebook (online)
575 A.2d 1293, 133 N.H. 166, 1990 N.H. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kakris-v-montbleau-nh-1990.