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COUNTY OF BERNALILLO v. AMBELL

No. 12665.

611 P.2d 218 (1980)

94 N.M. 395

COUNTY OF BERNALILLO; David M. Santillanes, Robert M. Hawk, Wray Simmons, James Paxton Morris, and Juven C. Sanchez, being the Board of County Commissioners of Bernalillo County, New Mexico and Timothy Eichenberg, Treasurer of Bernalillo County, New Mexico, Petitioners, v. AMBELL, a New Mexico Venture, Respondent.

Supreme Court of New Mexico.

May 19, 1980.

Attorney(s) appearing for the Case

Joe C. Diaz, Bernalillo County Atty., Kenneth A. Hunt, Albuquerque, for petitioners.

Johnson & Lanphere, Floyd D. Wilson, Albuquerque, for respondent.

OPINION

EASLEY, Justice.

Ambell filed a complaint requesting a refund of taxes paid for the year 1977. Its motion for summary judgment was granted. The defendants, the County of Bernalillo and others (County), appealed this ruling to the Court of Appeals, which affirmed the trial court. We granted certiorari and now reverse the Court of Appeals.

At issue is whether the ten per cent limit on property tax increases, established by Section 7-36-17,...

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