COMPLAINT FOR TX2020-001122.PDF

Maricopa County — Formal (2021-01-27)

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COPY
DEC 1 4 2026
a CLERK OF THE SUPERIOR COURT
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: pmoonev‘@mwmwlaw.com
Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF ARIZONA
ARIZONA TAX COURT
9 SOUTHWEST GAS CORPORATION, a
California corporation,
10 No. 1X2020-0011292
Plaintiff,
11 COMPLAINT AND NOTICE OF
vs. PROPERTY TAX APPEAL
12
ARIZONA DEPARTMENT OF REVENUE,
13 an agency of the State of Arizona; COUNTIES (Property Tax)
14 OF: COCHISE, GILA, GRAHAM,
GREENLEE, LA PAZ, MARICOPA,
15 MOHAVE, PIMA, PINAL and YUMA, each
of which is a political subdivision of the State
16 of Arizona,
17 Defendants.
18
19 Pursuant to A.R.S. §§ 42-16204 and 42-16207 et seq., plaintiff, Southwest Gas
20 Corporation (“Southwest Gas”), appeals to the Arizona Tax Court the valuation of its
21 property for tax year 2021 as determined by the Arizona Department of Revenue
22 (“ADOR”’). In support of this Complaint and Notice of Appeal, Southwest Gas alleges:
23 I.
24 Southwest Gas is a California corporation, doing business in Arizona. At all times
25 material hereto, Southwest Gas owned real and tangible personal property located within
26 Cochise County, Gila County, Graham County, Greenlee County, La Paz County,
MOONEY, WRIGHT,
MOORE & WILHOIT,
PLLC

Maricopa County, Mohave County, Pima County, Pinal County and Yuma County in the
State of Arizona and which the Department identifies by taxpayer identification numbers
54-641, 64-641 and 65-641 (hereinafter, “the Subject Property").
II.
Defendant, ADOR is an agency of the government of the State of Arizona, created
and organized pursuant to A.R.S. §§42-1001, et seq. ADOR is charged with the duty of
determining annually the value of the taxable property owned by Southwest Gas, pursuant
to A.R.S. §§42-14151, et seq.
9 Il.
10 Defendants, Cochise County, Gila County, Graham County, Greenlee County, La
11 Paz County, Maricopa County, Mohave County, Pima County, Pinal County and Yuma
12 County are political subdivisions of the State of Arizona and may be referred to
13 collectively hereinafter as “the Defendant Counties.” ADOR and the Defendant Counties
14 are made defendants to this action pursuant to A.R.S. §42-16208(A). ADOR apportions
15 the value of all taxable property of gas utilities for which it has determined the valuation
16 to each taxing unit or district appearing upon the tax rolls of the Defendant Counties. The
17 Defendant Counties levy and collect property taxes for themselves and for each taxing
18 unit or district appearing upon their rolls in accordance with the values determined by
19 ADOR, as apportioned to each County by ADOR.
20 IV.
21 On or about August 31, 2020, ADOR determined the final tax year 2021 full cash
22 value of the Subject Property to be $2,679,921,000, pursuant to its interpretation of the
23 statutory valuation methodology prescribed by A.R.S. §42-14154. Copies of ADOR’s
24 final Notices of Value for the Subject Property are attached hereto as Exhibit A and
25 incorporated herein by this reference.
26
MOONEY, WRIGHT,
MOORE & WILHOIT,
PLLC

V.
Upon information and belief, for tax year 2021, the statutory full cash value of the
Subject Property, as determined by ADOR using the method prescribed by A.R.S. §42-
14154, is excessive and unreasonable.
VI.
For tax year 2021, the aggregate full cash value of the Subject Property, as set by
ADOR, is excessive and inequitable because, among other reasons: (1) ADOR valued the
Subject Property solely pursuant to the statutory methodology prescribed by A.R.S. §42-
14154, which valuation is excessive because (a) it exceeds the “market value” of the
10 Subject Property, as determined using standard appraisal methods and techniques, in
11 direct contravention of A.R.S. §42-11001(6), and (b) it exceeds the statutory value if that
12 value is properly computed at no more than market value, under A.R.S. §42-14154.
13 VIL.
14 Based on a fair market value appraisal of the Subject Property as of January 1,
15 2020, Southwest Gas believes the market value of the Subject Property is no greater than
|
16 $1,255,000,000.
17 VO.
18 Pursuant to A.R.S. § 42-13301, a reduction in the full cash value of the Subject
19 Property for tax year 2021 will require a reduction in the limited property value as well.
20 IX.
21 Upon information and belief, the property taxes assessed against the Subject
22 Property for tax year 2021 will be based upon excessive full cash and limited property
23 values. As a result of these overvaluations, Southwest Gas will have to pay more taxes
24 than would legally have been collected if the Subject Property had been valued properly.
25 Therefore, pursuant to A.R.S. §§ 42-16213 and 42-16214, Southwest Gas is entitled to
26 have the 2021 tax rolls in each County corrected to reflect the correct full cash values and
MOONEY, WRIGHT,
MOORE & WILHOIT,
PLLC

limited property values, and to receive a refund of any taxes levied, assessed and paid
based on the Department’s excessive tax year 2021 full cash value.
VIL.
Because this action involves the assessment and/or collection of taxes, in the event
that Southwest Gas prevails by an adjudication on the merits of this case, it is entitled to
recover its reasonable attorneys’ fees and any expert witness expenses, pursuant to A.R.S.
§12-348(B) and (1), together with its taxable costs under A.R.S. §§12-332 and 12-341.
WHEREFORE, Southwest Gas requests that this Court:
1. Determine and fix the full cash value and limited property value of the
10 Subject Property for tax year 2021;
11 2. Render judgment that Southwest Gas have and recover from the Defendant
12 Counties a refund in the amount of any excess taxes paid on account of the 2021 full cash
13 value and limited property value as determined by this Court, together with interest
14 thereon at the legal rate from the date of payment by Southwest Gas until refunded in full;
15 3. Award Southwest Gas its attorneys' fees and expert witness fees incurred
16 pursuant to A.R.S. §12-348, as well as its taxable costs; and
17 4, Grant such further relief as the Court may deem proper.
18 DATED this 14th day of December, 2020.
19 MOONEY, WRIGHT, MOORE & WILHOIT, PLLC
20
By: /s/ Paul J. Mooney
21 Paul J. Mooney
Jim L. Wright
22
Attorneys for Plaintiff
23
24
25
26
MOONEY, WRIGHT,
MOORE & WILHOIT,
PLLC

STATE OF ARIZONA
Department of Revenue
Local Jurisdictions District
Fax (602) 542-4425
Douglas A.Ducey
Governor
Carlton Woodruff
Director
Monday, August 31, 2020
54-641
SOUTHWEST GAS CORPORATION (T&DO)
Matt Nelson
PO BOX 98510 LVC-400
LAS VEGAS, NV 89193 8510
NOTICE OF DECISION
TAX YEAR 2021
The FINAL FULL CASH VALUE of your operating property located in Arizona is:
$2,645,186,000
If the property owner is not satisfied with the FULL CASH VALUE stated above, an
appeal
may be filed with the State Board of Equalization (602) 364-1600 by filing a petition that is
postmarked on or before October 1, 2020.
The valuation date for the above value is January 1, 2020.
The value will not be used for property tax purposes until 2021.
Taxes will be due as follows:
First half due: October 1, 2021
Second half due: March 1, 2022
If you have questions regarding this notice, please contact Shawn Casey at (602) 716-6290.
Department of Revenue, Property Tax Division, 1600 West Monroe, Division 13, Phoenix, AZ 85007
TXHEBES As

STATE OF ARIZONA
Department of Revenue
Local Jurisdictions District
Fax (602) 542-4425
Douglas A.Ducey
Governor
Carlton Woodruff
Director
Monday, August 31, 2020
65-641
SOUTHWEST GAS CORPORATION (CWIP)
BYRON C. WILLIAMS
PO BOX 98510 LVC-400
LAS VEGAS, NV 89193 8510
NOTICE OF DECISION
TAX YEAR 2021
The FINAL FULL CASH VALUE of your operating property located in Arizona is:
$34,623,000
lf the property owner is not satisfied with the FULL CASH VALUE stated above, an appeal
may be filed with the State Board of Equalization (602) 364-1600 by filing a petition that is
postmarked on or before October 1, 2020.
The valuation date for the above value is January 1, 2020.
The value will not be used for property tax purposes until 2021.
Taxes will be due as follows:
First half due: October 1, 2021
Second half due: March 1, 2022
If you have questions regarding this notice, please contact Shawn Casey at (602) 716-6290.
Department of Revenue, Property Tax Division, 1600 West Monroe, Division 13, Phoenix, AZ 85007

STATE OF ARIZONA
Department of Revenue
Local Jurisdictions District
Fax (602) 542-4425
Douglas A.Ducey
Governor
Carlton Woodruff
Director
Monday, August 31, 2020
64-641
SOUTHWEST GAS CORPORATION (EPF)
BYRON C. WILLIAMS
PO BOX 98510 LVC-400
LAS VEGAS, NV 89193 8510
NOTICE OF DECISION
TAX YEAR 2021
The FINAL FULL CASH VALUE of your operating property located in Arizona is:
$112,000
If the property owner is not satisfied with the FULL CASH VALUE stated above, an appeal
may be filed with the State Board of Equalization (602) 364-1600 by filing a petition that is
postmarked on or before October 1, 2020.
The valuation date for the above value is January 1, 2020.
The value will not be used for property tax purposes until 2021.
Taxes will be due as follows:
First half due: October 1, 2021
Second half due: March 1, 2022
If you have questions regarding this notice, please contact Shawn Casey at (602) 716-6290.
Department of Revenue, Property Tax Division, 1600 West Monroe, Division 13, Phoenix, AZ 85007