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BENEVOLENT & PRO O. OF ELKS v. NEW MEXICO A. DEPT.

No. 590.

494 P.2d 167 (1971)

83 N.M. 505

The BENEVOLENT AND PROTECTIVE ORDER OF ELKS, LODGE NO. 461, Protestant-Appellant, v. NEW MEXICO PROPERTY APPRAISAL DEPARTMENT, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted September 20, 1971.

Attorney(s) appearing for the Case

Donald B. Moses, James F. Beckley, Nordhaus & Moses, Albuquerque, for appellant.

David L. Norvell, Atty. Gen., Anne K. Bingaman, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

HENDLEY, Judge.

The Benevolent and Protective Order of Elks, Lodge No. 461, (Elks) filed a direct appeal, pursuant to § 72-25-19, N.M.S.A. 1953 (Int.Supp. 1970), from an adverse ruling of the Property Tax Appeal Board (State) which relates to (1) the assessment of the Elks' property for 1969 as not being within the taxable exemption portion of Article VIII, Section 3 of the New Mexico Constitution, and (2) the State's decision being arbitrary...

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