Cases

MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE THIS MATTER comes before the Court on the Plaintiffs’ Motion and Supporting Memorandum of Law in Support of Motion of Class Certification, filed June 13, 2014 (Doc. 136)(“Motion”). The Court held a class certification hearing on February 4, 2015.1 See Transcript of Motion for Class Certification Heari

MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants’ Motion for *948Summary Judgment, filed April 11, 2013 (Doc. 8). The Court held a hearing on July 2, 2013. The primary issues are: (i) whether the Defendants violated Plaintiff Fred Dean Chavez’ constitutional rights by in

UNSEALED MEMORANDUM OPINION 1 JAMES 0. BROWNING, District Judge. THIS MATTER comes before the Court on Defendant J.M. Sharkey’s Motion for Partial Summary Judgment No. I: Dismissal of Plaintiffs’ Fourth Amendment Illegal Seizure Claim (Count I) Based on Qualified Immunity, filed July 30, 2013 (Doc. 92) (“MSJ No. 1”). The Court held a hearing on Septemb

882 P.2d 40 (1994) 118 N.M. 449 Mary Lou GOMEZ, Claimant-Appellant, v. BERNALILLO COUNTY CLERK'S OFFICE and New Mexico County Insurance Authority, Respondents-Appellees. No. 14457. Court of Appeals of New Mexico. July 28, 1994. *42 Gerald A. Hanrahan, Albuquerque, for claimant-appellant. Thomas L. K

OPINION DONNELLY, Chief Judge. On rehearing, the previous opinion is withdrawn and the following is substituted. Landmark Limited (Taxpayer), appeals from an administrative order of the Bernalillo County Valuation Protests Board (Board), upholding the Bernalillo County Assessor’s (Assessor) valuation of the property upon which Taxpayer’s

995 F.Supp. 1347 (1998) Kristin FOOTE, Plaintiff, v. Roger SPIEGEL, et al., Defendants. Civil No. 2:94-CV-754. United States District Court, D. Utah, Central Division. February 23, 1998. *1348 Lauren R. Barros, Disability Law Center, Salt Lake City, UT, Randy M. Lish, W. Andrew McCullough, McCullough, Jones & Ivins, Orem, UT,

781 F.2d 777 54 USLW 2364 Al FRIEDMAN, Plaintiff-Appellant,v.BOARD OF COUNTY COMMISSIONERS OF BERNALILLO COUNTY, DavidSantillanes, Chairman; Juven Sanchez, RobertHawk, Wray Simmons, E.R. (Corky) Morris,Members, Defendants-Appellees,American Jewish Congress and the Rutherford Institute, Amici Curiae. No. 82-1064. United States Court of Appeals,

SUTIN, Judge (specially concurring). I specially concur. A. The Protest Board lacks jurisdiction. At the opening of the hearing on the protest of Calvin Horn, the chairman of the Protest Board announced that the assessor had a stipulation he would like to present to the Board. The assessor’s attorney announced that “

OPINION STEPHENSON, Justice. Mr. and Mrs. Nowlin (Appellees) filed this tax suit in the District Court of Bernalillo County alleging that they were purchasing a certain tract of land (the land) under a contract dated in 1965; that for 1970 the land had been assigned a market value of $22,200.00 and an assessed value of $7,400.00, but that for 1971 it had been assigned t

616 P.2d 422 (1979) 94 N.M. 700 FOUR HILLS COUNTRY CLUB, Appellant, v. BERNALILLO COUNTY PROPERTY TAX PROTEST BOARD, Appellee. No. 3899. Court of Appeals of New Mexico. October 30, 1979. Rehearing Denied November 13, 1979. Writ of Certiorari Quashed July 29, 1980. *423 Geo

OPINION WALTERS, Judge. The County of Bernalillo appeals a judgment ordering a refund to plaintiffs on property taxes assessed and paid for the year 1978. We reverse. Prior to 1977 Academy Road Limited Partnership (Academy) was the owner of a 5.37-acre tract of undeveloped land. It was valued for the 1977 tax year at $21,480, and taxes wer

OPINION PAYNE, Justice. This matter is before this Court on a writ of certiorari challenging the constitutionality of property taxes imposed for the 1975 and 1976 tax years on property located in Bernalillo County which belonged to petitioners, Dale Bellamah Land Co., Inc. until February 6, 1975 and to Adcor Realty after that date. Taxpayers brought suit for refund of t

FIRST DIVISION BARNES, P. J., GOBEIL and PIPKIN, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules DEADLINES ARE NO LONGER TOLLED IN THIS COURT.

MEMORANDUM OPINION AND AMENDED ORDER1 James 0. Browning, UNITED STATES DISTRICT JUDGE THIS MATTER comes before the Court on: (i) Defendant Dr. Mark E. Walden’s Motion for Summary Judgment, filed April 2, 2015 (Doc. 38)(‘Walden Motion”); (ii) Defendants Guadalupe County and GEO’s Motion for Summary Judgment (Regarding Failure to Pile Tort Claim Notice and Failure to Exhaust Adm

OPINION DONNELLY, Chief Judge. On rehearing, the previous opinion is withdrawn and the following is substituted. This is an administrative appeal by protestants Plaza del Sol, and Plaza Maya, Limited Partnership, (Taxpayers), from the decision of the Bernalillo County Valuation Protests Board (Board), challenging the values placed upon their

MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE THIS MATTER comes before the Court on the Defendants’ Motion for Qualified Immunity and Summary Judgment, filed June 7, 2016 (Doc. 34)(“MSJ”). The Court held a hearing on September 21, 2016. The primary issues are: (i) whether Defendants Rio Arri-ba County, Rio Arriba County Sheriffs Department, and Deputy Gilbert Atencio are ent

717 P.2d 1123 (1986) 104 N.M. 154 In the Matter of the PROTEST OF PLAZA DEL SOL LIMITED PARTNERSHIP, et al., Appellants, v. ASSESSOR FOR the COUNTY OF BERNALILLO, New Mexico, Appellee. No. 8194. Court of Appeals of New Mexico. February 25, 1986. Certiorari Denied April 18, 1986. *1125 Avel

558 P.2d 53 (1976) 89 N.M. 784 SAN PEDRO SOUTH GROUP, Appellant, v. BERNALILLO COUNTY VALUATION PROTEST BOARD, Appellee. No. 2619. Court of Appeals of New Mexico. November 30, 1976. John P. Salazar, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for appellant. Toney Anaya, Atty. Gen., Santa Fe, John C. Cook, Asst. Atty. Ge

OPINION WALTERS, Judge. Following a protest hearing requested by the taxpayer, the Bernalillo County Valuation Protests Board (Board) upheld the county assessor’s valuation of 156 acres owned by and operated as the Four Hills Country Club (Four Hills), and the tax assessed against it. Four Hills appeals, contending arbitrary, capricious, and erroneous valuation because the

MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on SWEPI’s Motion for Partial Judgment on the Pleadings, filed May 31, 2014 (Doc. 21)(“Motion”). The Court held a hearing on November 3, 2014. The primary issues are: (i) whether the Court may consider evidence outside the pleadings to determine issues of justiciability; (ii) whether Plaintiff