Murdoch v. Town of Shelburne

2007 VT 93, 939 A.2d 458, 182 Vt. 587, 2007 Vt. 93, 2007 Vt. LEXIS 280
CourtSupreme Court of Vermont
DecidedAugust 29, 2007
DocketNo. 06-023
StatusPublished
Cited by16 cases

This text of 2007 VT 93 (Murdoch v. Town of Shelburne) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murdoch v. Town of Shelburne, 2007 VT 93, 939 A.2d 458, 182 Vt. 587, 2007 Vt. 93, 2007 Vt. LEXIS 280 (Vt. 2007).

Opinions

¶ 1. The Town of Shelburne appeals the superior court’s summary judgment ruling in favor of taxpayers James and Alice Murdoch, arguing that the court erred in determining that the Town lacked statutory authority to correct an error in taxpayers’ abstract of assessed value after completion of the Town’s regularly scheduled grievance meetings but before finalization of the grand fist. Based on our conclusion that the Town acted within its authority, we reverse the superior court’s ruling and enter judgment in favor of the Town.

¶ 2. The material facts are undisputed. Following a town-wide reappraisal, the Town’s assessor sent taxpayers a notice, dated May 30, 2003, that effective April 1, 2003, the assessed value of their property had been increased from $455,600 to $699,100. The notice informed taxpayers that the assessor would hold a grievance meeting on June 17,2003, to consider any written objections to the change filed by June 16. Taxpayers filed no objection and did not appear at the meeting. Then, six days after holding its grievance meeting, the Town sent taxpayers a second notice and letter, dated June 23,2003, informing them that an “error” had been “discovered” in their initial reassessment, that the previously noticed change in appraisal value was “incorrect,” and that the new assessment was $1,221,400. The letter and notice set forth a “new appeal deadline” of July 8, 2003.

¶ 3. Taxpayers filed a written objection to the new assessment, arguing that it was untimely and requesting an explana[588]*588tion for the change and any documents or other information used in the recalculation. The assessor heard taxpayers’ grievance on July 11, 2003, and on July 15 notified them that it had been denied. Taxpayers then appealed the assessor’s ruling to the Board of Civil Authority (BCA). See 32 V.S.A. § 4404(a) (providing that a taxpayer may appeal from the listers’ decision to the BCA within fourteen days of the notice thereof). While the BCA appeal was pending, taxpayers filed a V.R.C.P. 75 complaint and motion for preliminary injunction in the superior court, asserting that the assessor was without authority to reassess the property after the initial grievance period had expired, and seeking to enjoin the Town from applying the second reassessment. The trial court denied the motion for a preliminary injunction in December 2003. The following month, the BCA met and denied taxpayers’ appeal. Taxpayers appealed the BCA ruling to the superior court, where the matter remains pending. See 32 V.S.A. § 4461(a) (providing that a taxpayer who is aggrieved by a decision of the BCA may appeal to the director of the division of property valuation or the superior court).

¶ 4. In the meantime, the parties filed cross-motions for summary judgment in the Rule 75 proceeding. Following a status conference and hearing, the trial court issued a written decision in November 2005. Construing the statutory scheme governing taxpayer grievances, the court concluded that “the intention of the Legislature was that all grievances from changes in property [valuation] be heard at one grievance meeting” and that the Legislature did not intend to give a town assessor the ability to correct errors in property valuation after the grievance meeting was held. The court thus ruled that the second reassessment was unlawful, and that taxpayers were entitled to summary judgment. A subsequent motion to alter or amend the judgment was denied. This appeal followed.

V 5. We review a grant of summary judgment using the same standard as the trial court. Serecky v. Nat’l Grange Mut. Ins., 2004 VT 63, ¶ 12, 177 Vt. 58, 857 A.2d 775. Summary judgment is appropriate when, taking all of the allegations of the nonmoving party as true, there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Id. Our review of legal issues such as the instant one, which concerns the interpretation of a statute establishing the timing for grieving property tax assessments, “is nondeferential and plenary.” M.T. Assocs. v. Town of Randolph, 2005 VT 112, ¶ 6, 179 Vt. 81, 889 A.2d 740. In construing a statute, our paramount goal is to effectuate the Legislature’s intent as evidenced by the “plain, ordinary meaning of the language used.” Earth Constr., Inc. v. Vt. State Agency of Transp., 2005 VT 82, ¶ 5, 178 Vt. 620, 882 A.2d 1172 (mem.) (quotations and citations omitted). If a statute’s meaning is clear, “we enforce it according to its terms.” Ran-Mar, Inc. v. Town of Berlin, 2006 VT 117, ¶ 5, 181 Vt. 26, 912 A.2d 984. If the provision’s meaning is in doubt, we must broaden our inquiry to “determine its intent from a consideration of the whole and every part of the statute, the subject matter, [and] the effects and consequences” in order to create a “harmonious whole.” Id. (quotations and citations omitted). We will avoid a construction that renders any portion of a statute ineffective or superfluous. In re L.A., 2006 VT 118, ¶ 11, 181 Vt. 34, 912 A.2d 977.

V 6. A brief review of the statutory background is helpful to understanding the issue presented here. Chapter 129 of Title 32 is a comprehensive system that establishes the timeliness and processes for the annual development of the property tax grand list in each community. In brief, chapter 129 requires towns, on an annual basis, to gather property inventories, make fair market value appraisals of properties, generate individual tax lists [589]*589and compile them into the abstract, notify individual taxpayers of the assessments, provide an opportunity for grievances, make corrections, and file the grand list with the town clerk. Subchapter 3, which includes the section under scrutiny in this ease — 32 V.S.A. § 4111© — deals with the development and publication of the individual lists or abstracts. See 32 Y.S.A. §§ 4081-4116. Section 4111, entitled “Abstracts of individual lists,” sets forth the steps that town listers1 must follow once they have completed their appraisal process. Under this provision, the listers must compile a book containing the abstract of individual listed values within the town and lodge it with the town clerk, id. § 4111(a), (d); attach a signed certificate attesting to their belief that they have “set down” the valuation of all taxable property of each person named therein, id. § 4111(b); provide notice that the book will become the town’s official grand list unless “cause to the contrary” is shown, id. § 4111(e); and convene a meeting at a specified time and place “to hear all grievances and make corrections in such list.” Id.

¶ 7. The statute goes on, in subsection (e), to require personal notice to all persons affected “of any change in the appraised value” of their property “and also ... of the amount of such change and of the time and place fixed in the public notice hereinafter provided for, when persons aggrieved may be heard.” Id. § 4111(e). The subsection additionally requires that the listers post notices in the town clerk’s office and other public places “setting forth that they have completed and filed such book as an abstract and the time and place of the meeting for hearing grievances and making corrections.” Id. Personal notice must be effected by prepaid first class mail, and unless sent by registered or certified mail, “in the case of any controversy subsequently arising it shall be presumed that the personal notices were not mailed as required.” Id.

¶ 8. Subsection © —• the provision at the center of the instant lawsuit — provides as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
2007 VT 93, 939 A.2d 458, 182 Vt. 587, 2007 Vt. 93, 2007 Vt. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murdoch-v-town-of-shelburne-vt-2007.