CHAN v. MONTOYA

Nos. 29,142, 29,760.

256 P.3d 987 (2011)

2011-NMCA-072

Tony Q. CHAN and Carolyn Hong, Trustees, Plaintiffs-Appellees, v. Karen L. MONTOYA, Bernalillo County Assessor, Defendant-Appellant, First Baptist Church of New Mexico, a New Mexico non-profit corporation, Plaintiff-Appellee, v. Karen L. Montoya, Bernalillo County Assessor, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, May 25, 2011, No. 32,990.


Attorney(s) appearing for the Case

Keleher & McLeod, P.A., Jeffrey A. Dahl , Javier F. Junco , Albuquerque, NM, for Appellees Tony Q. Chan and Carolyn Hong.

James T. Roach , Albuquerque, NM, for Appellee First Baptist Church of New Mexico.

Jeffrey S. Landers , Bernalillo County Attorney, M. David Chacon, II , Assistant Bernalillo County Attorney, Albuquerque, NM, for Appellant.


OPINION

VIGIL, Judge.

{1} The question presented in these cases is whether the statutory time limit for filing a property tax refund complaint, under NMSA 1978, Section 7-38-40 (2003) of the Property Tax Code, begins to run on the date the tax payment is due, or on the date the payment becomes delinquent. We conclude that the time begins on the due date. We therefore hold that the district court erred in denying Defendant's motions to dismiss...

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