COMPLAINT FOR TX2020-001125.PDF

Maricopa County — Formal (2021-01-27)

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COPY
DEC 14 2020
CLERK OF THE SUPERIOR Cq URT
S. BARBA
MOONEY, WRIGHT, MOORE & WILHOIT, PLLC DEPUTY CLERK
Paul J. Mooney (No. 006708)
Jim L. Wright (No. 010531)
The Mesa Tower, Suite 16000
1201 South Alma School Road
Mesa, Arizona 85210-1189
Telephone: (480) 615-7500
Email: pmooney(azstatetaxlaw.com
Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF ARIZONA
IN THE ARIZONA TAX COURT
TX2020-001125
SAN DIEGO GAS & ELECTRIC No.
10 COMPANY, a California corporation,
COMPLAINT AND NOTICE OF
11 Plaintiff, APPEAL OF PROPERTY TAX
VALUATION
12 vs.
13 ARIZONA DEPARTMENT OF REVENUE, | _ Title 42 — Property Tax (Tier 3)
an agency of the State of Arizona;
14 MARICOPA COUNTY, and YUMA
COUNTY, each of which is a political (Assigned to: Hon. Christopher Whitten)
15 subdivision of the State of Arizona,
16 Defendants.
17
18 Pursuant to A.R.S. §§42-16204, and 42-16207, et seq., plaintiff, San Diego Gas &
19 Electric Company, a California corporation (“SDG&E”), appeals to the Arizona Tax
20 Court the valuation of its property for tax year 2021, as determined by the Arizona
21 Department of Revenue (“ADOR”). In support of this Complaint and Notice of Appeal,
22 SDG&E alleges as follows:
23 I.
24 At all times material to this action, SDG&E was doing business in the State of
25 Arizona as an electric transmission company, as defined by A.R.S. §42-14151(A)(5), and
26 it was the owner of legal and/or equitable title to “electric transmission property” that is
MOONEY, WRIGHT,
MOORE & WILHOIT, PLLC
MEsA, AZ

required to be valued pursuant to the valuation formula set forth in A.R.S. §42-14154.
ADOR identifies the electric transmission property owned by SDG&E by taxpayer
identification numbers 54-675 and 65-675 (hereinafter, “the Subject Property”).
Il.
ADOR is an agency of the State of Arizona, created and organized pursuant to
A.R.S. §§42-1001, et seq. It is charged with the duty of determining annually the “full
cash value” of the Subject Property, pursuant to a statutory formula set forth in A.R.S.
§42-14154. Pursuant to A.R.S. §42-11001(6), the full cash value of the Subject Property is
9 defined as “the value determined as prescribed by statute,” which in this case is the value
10 that is determined pursuant to the method mandated by A.R.S. §42-14154.
11 Ti.
12 The Counties of Maricopa and Yuma (“the Counties”) are political subdivisions of
13 the State of Arizona. The Counties have statutory authority to assess, levy and collect
14 property taxes from SDG&E for themselves and for each taxing district appearing on their
15 tax rolls, based solely on the full cash value determined by ADOR, as allocated and
16 apportioned to each county. The Counties and ADOR are named as defendants in this
17 action pursuant to A.R.S. §42-16208.
18 IV.
19 ADOR determined the tax year 2021 full cash value of the Subject Property to be
20 $12,302,000, as of January 1, 2020. The tax year 2021 full cash value of the Subject
21 Property, as determined by ADOR, is excessive because it exceeds the value that would
22 have been determined if ADOR had followed the statutory formula set forth in A.R.S.
23 §42-14154. Pursuant to A.R.S. §42-14154, based on the information SDG&E was
24 required to report to ADOR under the provisions of A.R.S. §42-14152, the full cash value
25 of the Subject Property should be no more than $3,755,381, as of January 1, 2020.
26
MOONEY, WRIGHT,
MOORE & WILHOIT, PLLC
MESA, AZ

V.
For tax year 2021, the Counties have and/or will assess, levy and seek to collect
property taxes from SDG&E for themselves and for each taxing district appearing upon
their respective tax rolls, based on the full cash value determined by ADOR, as
apportioned to each taxing district.
VI.
Pursuant to A.R.S. §§42-13301 and 42-13304(A)(2), a reduction in the full cash
value of the Subject Property for tax year 2021 will require a corresponding reduction in
the limited property value, which is the basis for the levy and assessment of all property
10 taxes by the Counties.
11 VIL.
12 Upon information and belief, the property taxes that will be assessed against the
13 Subject Property by the Counties for tax year 2021 will be based upon excessive full cash
14 and limited property values. As a result of these overvaluations, SDG&E will have to pay
15 more taxes than could legally be collected if the Subject Property had been valued
16 properly. Therefore, pursuant to A.R.S. §§42-16213 and 42-16214, SDG&E is entitled to
17 have the tax roll for the 2021 tax year corrected to reflect the correct full cash and limited
18 property values for the Subject Property, and to receive a refund of taxes levied, assessed
19 and paid based on the excessive tax year 2021 full cash and limited property values.
20 VII.
21 ADOR has a statutory duty to carry-out the duties imposed on it, pursuant to
22 A.R.S. §42-14153, one of which is to annually determine the full cash value of all electric
23 transmission property in accordance with the formula prescribed by A.R.S. §42-14154,
24 based-on information taxpayers such as SDG&E are required to report on an annual basis,
25 pursuant to A.R.S. §42-14152, and then apportion that value to each tax district.
26
MOONEY, WRIGHT,
Moore & WILHOIT, PLLC
MESA, AZ

1 IX.
2 ADOR failed to carry-out its duty in valuing SDG&E and it has ignored the
3 | statutory requirements that apply to it in valuing the Subject Property for tax year 2021 at
4 | a full cash value that exceeds the value prescribed by statute, A.R.S. §42-14154.
S X.
6 Accordingly, a writ of mandamus lies to compel ADOR to carry-out the duties that
7 | are imposed upon it by law and to follow the requirements of A.R.S. §42-14154 in valuing
8 || the Subject Property for tax year 2021, and in all future tax years.
9 WHEREFORE, SDG&E requests that this Court:
10 1. Determine and fix the full cash value and limited property values of the
11 || Subject Property for tax year 2021 at no more than $3,755,381, pursuant to the formula set
12 | forth in A.R.S. §42-14154;
13 2. Render judgment that SDG&E have and recover from Defendant Counties a
14 | refund in the amount of any excess taxes it has to pay based on the tax year 2021 full cash
15 | and limited property values determined by this Court, together with interest thereon at the
16 | legal rate from the date(s) of payment, until refunded by the Counties;
17 3. Enter a writ of mandamus to compel ADOR to comply with §42-14154;
18 4. Award SDG&E its attorneys’ fees and expert witness expenses incurred
19 | herein, pursuant to A.R.S. §§12-348(B) and/or 12-2021, together with its costs; and
20 5. Grant such further relief as the Court deems proper.
21 DATED this 14th day of December, 2020.
22 MOONEY, WRIGHT, MOORE & WILHOIT, PLLC
23
By:_/s/ Paul J. Mooney
24 Paul J. Mooney
Jim L. Wright
25 Attorneys for Plaintiff
26
MOONEY, WRIGHT,
MOORE & WILHOIT, PLLC
MESA, AZ -~ 4 -