Odunlade v. City of Minneapolis

823 N.W.2d 638, 2012 Minn. LEXIS 685, 2012 WL 6601360
CourtSupreme Court of Minnesota
DecidedDecember 19, 2012
DocketNo. A11-1832
StatusPublished
Cited by11 cases

This text of 823 N.W.2d 638 (Odunlade v. City of Minneapolis) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Odunlade v. City of Minneapolis, 823 N.W.2d 638, 2012 Minn. LEXIS 685, 2012 WL 6601360 (Mich. 2012).

Opinions

OPINION

GILDEA, Chief Justice.

Relators Idowu Odunlade, Kimberly Larson, Charles Enck, Kent Lageson, Timothy Wesbrook, Jose Llangari, and Andrea Krai (“relators”) represent a puta[642]*642tive class including all residential property owners in three Minneapolis neighborhoods: Camden, Near North, and Phillips. Relators challenge the assessed values respondent City of Minneapolis placed on relators’ properties, and allege that because their properties were overvalued, re-lators were required to overpay property taxes in 2009, 2010, and 2011. The tax court granted respondents’ motion to dismiss for failure to state a claim. Because relators allege that respondents’ assessment practices are illegal, the court held that Minn.Stat. ch. 278 (2012), provides the relators’ exclusive remedy.1 The court then concluded that relators’ 2008 and 2009 claims are untimely under chapter 278, and that the 2010 claims fail because chapter 278 does not allow multiple taxpayers to file a single action concerning multiple properties. The court also determined that relators’ claims for declaratory and mandamus relief, and their constitutional claims fail on the merits. Relators sought certiorari review in our court pursuant to Minn.Stat. § 271.10 (2012).

Because we conclude that relators’ claims are covered by chapter 278, we agree with the tax court that relators’ claims based on the 2008 and 2009 tax years are untimely, and that their claims for declaratory and mandamus relief are precluded; we also agree that relators’ constitutional claims fail on the merits. But because the plain language of chapter 278 allows multiple taxpayers to file one tax action concerning multiple properties, we conclude that the tax court erred in dismissing the seven named relators’ claims based on the 2010 tax year to the extent those claims allege a violation of Minn.Stat. § 273.11 (2012).2 We therefore affirm in part, reverse in part, and remand.

This action arises from assessments of relators’ respective properties for property tax purposes for tax years 2008 (payable in 2009), 2009 (payable in 2010), and 2010 (payable in 2011). Relators allege that although they purchased their respective properties in “arms’ length transactions,” respondents refused to recognize these sales in determining the value of relators’ properties. Rather than use the purchase prices relators paid for their respective properties, respondents allegedly used earlier sales of the properties. In these earlier sales, relators allege that the properties sold for much higher prices than the prices for which relators bought their properties. As a result of the respondents’ use of these earlier transactions, relators contend that their properties were valued higher than their actual market value. Relators’ amended complaint asserts, generally, that, respondents’ refusal to consider relators’ allegedly arms-length purchases when assessing real property values in 2008, 2009, and 2010 “constitute[d] illegal and unequal property tax assessment.”

Relators allege that respondents’ assessments of their properties violate relators’ federal and state rights to equal protection, the uniformity clause of the Minnesota Constitution, and Minn.Stat. § 273.11, which requires property to be assessed at its market value for taxation purposes.3 Relators seek declarations, pursuant to the [643]*643Uniform Declaratory Judgments Act, Minn.Stat. § 555.01 (2012), that respondents violated relators’ federal and state equal protection rights, state constitutional right to uniform taxation, and statutory right to have their property tax assessments based on market value. With respect to the 2008 and 2009 assessments, relators also seek writs of mandamus “requiring reassessment of all residential property” located within relators’ putative class neighborhoods and credits for overpayment. With respect to the 2010 assessments, relators seek a writ of mandamus requiring reassessment and reissuing of valuation notices. Pursuant to 42 U.S.C. §§ 1988 and 1988 (2006), relators seek damages and attorney fees for violations of their federal right to equal protection. Finally, relators seek damages “equivalent to the amount any [relator] overpaid in property taxes” in 2009 and 2010.

The tax court dismissed all of relators’ claims. The court first considered whether relators’ claims could have been brought under Minn.Stat. ch. 278. Because chapter 278 provides the exclusive “remedy for challenging property taxes on five statutorily enumerated bases, namely allegedly improper valuation, classification, exemption, unfair assessment, or illegality,” the court reasoned that if chapter 278 covered relators’ claims, all of their other claims were precluded. Concluding that relators alleged illegal conduct resulting in unfair assessments, the court held that chapter 278 was relators’ exclusive remedy, and that relators’ claims therefore must comply with the procedural requirements of chapter 278.

The tax court concluded that claims based on the 2008 and 2009 tax years were untimely because chapter 278 petitions must be brought by April 30 of the year the challenged tax becomes payable. With respect to the 2010 claims, the court held that chapter 278 claims could be brought only by property owners on an individual basis. Because relators’ 2010 claims “include[d] multiple petitioners and different properties,” the court concluded that their amended complaint was “fatally deficient” and dismissed it.

On appeal, relators argue that chapter 278 does not provide the exclusive remedy for their claims and that, even if chapter 278 controls, their claims with respect to the 2010 assessments (taxes payable in 2011) survive a motion to dismiss. Our review of the final order of the tax court is limited. Hutchinson Tech., Inc. v. Comm’r of Revenue, 698 N.W.2d 1, 6 (Minn.2005). We determine only whether the tax court lacked jurisdiction, whether the tax court’s order is supported by the evidence and is in conformity with the law, and whether the tax court committed any other error of law. Minn.Stat. § 271.10, subd. 1; Jefferson v. Comm’r of Revenue, 631 N.W.2d 391, 394 (Minn.2001). We review de novo the tax court’s legal determinations. Hutchinson Tech. Inc., 698 N.W.2d at 6. We overturn the tax court’s factual findings only if they are “clearly erroneous.” 200 Levee Drive Ass’n v. Cnty. of Scott, 532 N.W.2d 574, 576 (Minn.1995). With this standard of review in mind, we turn to relators’ arguments.4

[644]*644I.

We turn first to relators’ argument that the tax court erred in determining that their claims are covered by Minn-Stat. § 278.01. Section 278.01 provides that:

[a]ny person having ... any parcel of land, who claims that such property has been partially, unfairly, or unequally assessed in comparison with other property in the ... city ... or that the parcel has been assessed at a valuation greater than its real or actual value, or that the tax levied against the same is illegal, in whole or in part, or has been paid ...

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Bluebook (online)
823 N.W.2d 638, 2012 Minn. LEXIS 685, 2012 WL 6601360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odunlade-v-city-of-minneapolis-minn-2012.