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JICARILLA APACHE v. RIO ARRIBA COUNTY

No. 04-2320.

440 F.3d 1202 (2006)

JICARILLA APACHE NATION, Plaintiff-Appellant, v. RIO ARRIBA COUNTY; Moises Morales; Alfredo Montoya, in his individual capacity; Ray Tafoya, in his individual capacity; David Salazar, in his individual capacity; Lorenzo Valdez, Rio Arriba County Manager; Arthur R. Rodarte, Rio Arriba County Assessor; Agapito Candelaria, Rio Arriba County Chief Appraiser; and unknown John and Jane Does; each such natural persons in both his and her official and individual capacities; Andrew Chavez, Rio Arriba County Commissioner; Elias Coriz, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 1, 2006.

Attorney(s) appearing for the Case

Daniel I.S.J. Rey-Bear (Jenny J. Dumas, Nordhaus, Haltom, Taylor, Taradash & Bladh, LLP, Albuquerque, NM, with him on the briefs), Nordhaus, Haltom, Taylor, Taradash & Bladh, LLP, Albuquerque, NM, for Plaintiff-Appellant.

Harriet J. Hickman (R. Galen Reimer, Gallagher, Casados & Mann, P.C., Albuquerque, NM, with her on the briefs), Gallagher, Casados & Mann, P.C., Albuquerque, NM, for Defendants-Appellees.

Before EBEL, HENRY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Tax assessment is not an exact science, and the outcomes are rarely popular. Using small budgets and limited information, local assessors must make difficult judgments based on uncertain valuations—with the knowledge that higher tax bills are more likely to produce complaints of unfair treatment than thank you cards. Despite these limitations on exactingly precise tax assessment, the Jicarilla Apache Nation ("Nation") believes that...

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