Mountain America, LLC v. Huffman

735 S.E.2d 711, 229 W. Va. 708
CourtWest Virginia Supreme Court
DecidedOctober 19, 2012
DocketNos. 11-1057, 11-1058
StatusPublished
Cited by3 cases

This text of 735 S.E.2d 711 (Mountain America, LLC v. Huffman) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mountain America, LLC v. Huffman, 735 S.E.2d 711, 229 W. Va. 708 (W. Va. 2012).

Opinions

PER CURIAM:

In these consolidated cases, the petitioners herein, and petitioners below, Mountain America, LLC, et al. (hereinafter “Mountain America”),1 appeal from orders entered by the Circuit Court of Monroe County on May 12, 2011. By those orders, the circuit court denied Mountain America’s appeals from its ad valorem property tax assessments for tax years 2008 (Case Number 11-1057) and 2009 (Case Number 11-1058). In each ease, the circuit court ruled that Mountain America’s appeal was barred by res judicata because this Court previously had considered and decided the ease of Mountain America, LLC v. Huffman, 224 W.Va. 669, 687 S.E.2d 768 (2009) (hereinafter “Mountain America I ”), in which Mountain America unsuccessfully challenged its 2007 ad valorem property tax assessments regarding the same parcels of property as those whose assessments are contested in the 2008 and 2009 litigations. On appeal to this Court, Mountain America contends that the circuit court erred by applying the doctrine of res judicata to bar its appeals of its 2008 and 2009 ad valorem property tax assessments. Upon a review of the parties’ arguments, the appendix records, and the pertinent authorities, we reverse the circuit court’s rulings in both cases and remand both cases for reinstatement of Mountain America’s claims for relief from its 2008 and 2009 ad valorem property tax assessments and consideration of the merits thereof.

I.

FACTUAL AND PROCEDURAL HISTORY

The basic facts of these consolidated cases are not disputed by the parties. Mountain America is a land developer and has been involved in the development of a 1,000 acre residential community in Monroe County, West Virginia: Walnut Springs Mountain Reserve (hereinafter “Walnut Springs”). Most of the tracts within the development are owned by individual taxpayers, while Mountain America owns the residual tracts. Development of Walnut Springs began in 2004.

In 2007, the Monroe County Assessor, Donna Huffman, et al., the respondents herein, and respondents below (hereinafter “the Assessor”),2 classified Walnut Springs as its own “neighborhood” because the properties in this development had sold for significantly more than the surrounding land in Monroe County. As a result, ad valorem property tax assessments for lots within the Walnut Springs “neighborhood” were significantly higher than those for parcels outside of the development and reflected a substantial increase over prior years’ assessed values for Walnut Springs properties.

Mountain America and the individual taxpayers challenged the Assessor’s 2007 ad valorem property tax assessments claiming that they were excessive and unequal, in violation of their right to equal and uniform taxation and their right to equal protection. They also claimed that the manner in which their appeals initially were heard and decided by the Monroe County Commission sitting as the Board of Equalization and Review (hereinafter “the Board”) denied them their right to due process. After adverse rulings by the Board and the Circuit Court of Monroe County, Mountain America3 appealed to this Court. In Mountain America, LLC v. Huffman, 224 W.Va. 669, 687 S.E.2d 768 (2009) CMountain America I), we affirmed the circuit court’s decision based upon our conclusions that Mountain America’s constitutional rights had not been violated by the tax appeal review process or by the Assessor’s creation of a new neighborhood reflective of [710]*710the “true and actual value” of the subject property.

Thereafter, Mountain America filed subsequent challenges contesting the Assessor’s ad valorem property tax assessments of Walnut Springs properties for tax years 2008 and 2009. In these litigations, Mountain America essentially reiterated its constitutional complaints regarding the method of assessing the affected parcels that it had advanced in its unsuccessful 2007 tax assessment challenge: the manner of assessment violates the equal and uniform taxation constitutional mandate and otherwise violates the taxpayers’ constitutional rights.

By succinct orders entered May 12, 2011, the circuit court summarily dismissed both of Mountain America’s challenges. With respect to its 2008 tax year challenge, the circuit eoui’t ruled that,

[ajfter a review of the Petition it appears the claims in this matter are identical to the claims in a previous proceeding before the Court. In Mountain America v. Donna Huffman, Assessor of Monx’oe County [sic], Case Number 07-C-30, the Court denied the Taxpayer’s Appeal from Ad Valerom [sic ] Property Tax Assessment.
The Court believes this case is controlled by the doctxine of res judicata. Res judicata requires that the cause of action identified for resolution in the subsequent proceeding either must be identical to the cause of action determined in the prior action or must be such that it could have been x’esolved, had it been presented, in the prior action. Lloyd’s[,] Inc. v. Lloyd, 225 W.Va. 377, 693 S.E.2d 451 (2010).
After a review of the Petition for Appeal in this case it appears that this matter has been previously ruled on and any subsequent litigation barred. Thei’efore, the Court concludes that the Taxpayer’s Appeal from Ad Valex’om [sic] Propei'ty Tax Assessment shall be denied and the County Commission’s decision is affirmed.

Employing identical language, the circuit court similarly rejected Mountain America’s appeal of its 2009 tax assessments.

From these adverse rulings, Mountain America appeals to this Court.

II.

STANDARD OF REVIEW

In both of these consolidated cases, Mountain America argues that the circuit court improperly applied the doctrine of res judicata to bar its tax assessment appeals. The application of res judicata to bar litigation involves a question of law, to which we accoi’d a plenary review. “Where the issue on an appeal from the circuit court is cleai’ly a question of law or involving an interpretation of a statute, we apply a de novo standax’d of review.” Syl. pt. 1, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995). Mindful of this standard, we will consider the parties’ arguments.

III.

DISCUSSION

On appeal to this Court, Mountain America assigns error to the circuit court’s denial of its 2008 and 2009 tax assessment appeals as barred by res judicata. In rendering its rulings, the circuit court relied upon this Court’s prior decision in Lloyd’s, Inc. v. Lloyd, 225 W.Va. 377, 693 S.E.2d 451 (2010) (per curiam), which sets forth the elements of res judicata. Before this Court, the parties also base their arguments upon whether or not the elements of res judicata have been satisfied. However, such a lengthy discoui’se is not necessary to our resolution of the cases sub judice

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Bluebook (online)
735 S.E.2d 711, 229 W. Va. 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mountain-america-llc-v-huffman-wva-2012.