Opinion

Hays County Appraisal District v. Mayo Kirby Springs, Inc.

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Jun 7, 1995
Status
Published
Cited by
0 cases
Authority
More cited than 35.8%

The opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-93-00264-CV

Hays County Appraisal District, Appellant

v.

Mayo Kirby Springs, Inc., Appellee

FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT

NO. 91-0620, HONORABLE FRED A. MOORE, JUDGE PRESIDING

Hays County Appraisal District appeals from an adverse judgment in a suit by

Mayo Kirby Springs, Inc. for judicial review of a District order fixing, for ad valorem tax

purposes, the market value of Mayo's real property in Hays County. See Tex. Tax Code Ann.

§§ 41.21 -.43 (West 1992 & Supp. 1995) (the "Code"). We will reverse the trial-court judgment

and remand the cause for proceedings not inconsistent with our opinion.

THE CONTROVERSY

Mayo's property is subdivided into residential lots that the company sells as a trade

or business. Section 23.12(a) of the Code provides that in such instances the market value of the

lots shall be determined according to "the price for which [they] would sell as a unit to a

purchaser who would continue the business." Code § 23.12(a). That is to say, the statute entitles

Mayo to have the market value of its "inventory" of lots determined according to what they would

bring in a bulk sale to a buyer in the same business of selling residential lots. Believing section

23.12(a) violates article VIII, section 1 of the Texas Constitution, which requires that "[t]axation

shall be equal and uniform," and section 2 which requires that all real property "shall be taxed

in proportion to its value," the appraisal review board disregarded section 23.12(a) of the Code

and calculated the market value of each lot separately in appraising Mayo's property. See Tex.

Const. art. VIII, §§ 1, 2; Code § 23.12. The aggregate market value of the numerous lots totaled

$1,806,500 and the appraisal review board appraised them accordingly.

Mayo sued in district court, under section 42.21 of the Code, for judicial review

of the appraisal order. The District counterclaimed in a declaratory-judgment action requesting

that the court hold unconstitutional section 23.12(a) of the Code. In the course of the lawsuit,

Mayo moved that the dispute be referred to arbitration under section 42.225 of the Code. See Act

of May 22, 1991, 72d Leg., R.S., ch. 412, sec. 1, § 42.225, 1991 Tex. Gen. Laws 1576 ( Tex.

Tax Code Ann. § 42.225 , since amended). Over the District's objection, the court referred the

controversy to arbitration and appointed an agent of "Judicial Arbitration & Mediation Services,

Inc." to conduct such proceedings. Former section 42.225 of the Code, upon which the trial court

made the referral, provided as follows:

(a) A property owner who appeals an appraisal review board order under this

chapter is entitled to have the appeal resolved through binding arbitration.

(b) On motion by the property owner, the court shall order the parties to submit

to arbitration and shall appoint an impartial third party to conduct the

arbitration. The impartial third party is appointed by the court and serves as

provided by Subchapter C, Chapter 154, Civil Practice and Remedies Code.

(c) Each party or counsel for the party may present the position of the party

before the impartial third party, who must render a specific arbitration award

resolving the appeal.

(d) Except as provided by Subsection (e), an arbitration award is binding and

enforceable in the same manner as a contract obligation is:

(1) in a motion filed under Subsection (b), the property owner stipulates

that the award is to be binding on all the parties; or

(2) before the rendition of the award, the parties agree to be bound.

(e) An arbitration award is not binding if it results or would result in an amount

of taxes on the property that exceeds the amount of taxes assessed on the

property under the order from which the appeal is taken.

(f) An arbitration award may include any remedy or relief that a court could

order under this chapter.

Id. The statute has been since amended to provide that the property owner and the district must

both agree to arbitration before it becomes binding. See Tex. Tax Code Ann. § 42.225 (b) (West

Supp. 1995) . In the present appeal, we are concerned only with the former version of the statute

and its requirement of binding arbitration on the taxpayer's unilateral election.

The arbitrator fixed the market value of Mayo's property at $400,000 and awarded

Mayo $15,000 in attorney's fees. The trial court rendered judgment accordingly, based expressly

on the arbitrator's award, ordering that the District revise its 1991 appraisal roll to reflect a total

value of all Mayo's property in an amount not to exceed $400,000. The judgment also "denied"

the District's counterclaim and awarded Mayo $15,000 in attorney's fees. The District appealed

to this Court.

DISCUSSION AND HOLDINGS

I.

As it did in the trial court, the District contends on appeal that section 42.225 of

the Code, as it existed at the time of trial, is unconstitutional in purporting to authorize binding

arbitration on a property owner's motion for such relief and over objection by the District. In its

first four points of error, the District argues the statute is unconstitutional because: (1) it

impermissibly delegates judicial power and process to a person (the arbitrator) outside the judicial

system, contrary to article V, section 1 of the Texas Constitution which vests the judicial power

of the State in the courts named therein; (2) it violates the separation-of-powers principle, laid

down most explicitly in article II, section 1 of the Texas Constitution; (3) it frustrates the appraisal

districts' and courts' constitutional duty and function to assure equality and uniformity in ad

valorem taxation under article VIII, section 1 of the Texas Constitution; and (4) it purports to

authorize the secret conduct of the public function of taxation, in violation of the "open courts"

provision of article 1, section 13 of the Texas Constitution. We believe former section 42.225

is unconstitutional on each of the grounds claimed.

There is no doubt that arbitration is a valuable adjunct to the judicial system in the

resolution of disputes. What we say herein should not be understood as stating a view that

arbitration is impossible under the statutory provisions for the judicial review of appraisal-review

board valuations of property pursuant to sections 42.21-.29 of the Code. See generally Harold

H. Bruff, Public Programs, Private Deciders: The Constitutionality of Arbitration in Federal

Programs , 67 Tex. L. Rev. 441 (1989). We hold simply that the former version of section

42.225 does not meet the minimum constitutional standard for such statutes.

The ultimate interpretation and enforcement of article VIII, requiring that ad

valorem taxation be equal and uniform and according to market value, is a judicial function. The

judicial function may be abridged, if at all, only by an adequate statute. See Rogers v. Daniel Oil

& Royalty Co. , 110 S.W.2d 891, 894 (Tex. 1937). Section 42.225 of the Code is not an adequate

statute. Firstly, it purports to authorize a taxpayer unilaterally to transfer the determination of his

claim to a non-judicial proceeding that he may require shall remain confidential and concealed,

even from the court that is expected to enforce the arbitration award. See Code § 42.225(b); Tex.

Civ. Prac. & Rem. Code Ann. §§ 154.053 (b), (c) (West Supp. 1995). While the open-courts

provision of article I, section 13, of the Texas Constitution serves principally to secure the rights

of individuals, it secures incidentally the public's interest in the open transaction of governmental

affairs. See Swaim v. Montgomery , 154 S.W.2d 695, 697 (Tex. Civ. App.--Amarillo 1941, writ

ref'd). By purporting to allow the taxpayer to invoke secret proceedings in the appraisal of

property for ad valorem tax purposes, former section 42.225 of the Code violates article I, section

13 of the Texas Constitution.

Secondly, section 42.225 of the Code infringes unduly upon the judicial power in

violation of the separation-of-powers principle of the Texas Constitution. The statute may also

be viewed as an unconstitutional delegation of judicial power implicitly prohibited by article V,

section 1 of the Texas Constitution. The unconstitutionality consists in the proposition that a

taxpayer may unilaterally deny the reviewing court any meaningful method of ascertaining the

lawfulness of the arbitration award the court is expected to enforce by its judicial power. Bruff,

supra , at 477-78. The appraisal of property involves not only the taxpayer's rights, but public

rights as well. Yet the statute purports to allow binding arbitration over the objection of the

public's representative--the appraisal district--and subjects the district to judicial enforcement. And,

as mentioned above, the statute purports to insulate the arbitrator's award from judicial scrutiny

by incorporating the confidentiality requirement of sections 154.053(b) and (c) of the Texas Civil

Practice and Remedies Code, thereby frustrating the judiciary in any attempt to learn whether the

award complies with the applicable statutory and constitutional provisions--as opposed to being

based upon extra-legal considerations. Cf. Thomas v. Union Carbide Agric. Prod. Co. , 473 U.S.

568, 592-93 (1985) (Congress may constitutionally implement binding arbitration requirement in

administrative proceedings affecting public as well as private rights under complex statutory

scheme, without intruding unduly upon judicial power, when agreement of parties is required, no

sanctions are imposed, and courts retain a meaningful power to review at least facial consistency

of the arbitrator's decision for compliance with statutory criteria and constitutional norms).

We hold the former version of section 42.225 unconstitutional on the grounds

stated. The proceedings below are therefore void. We sustain the District's point of error one

through four.

II.

We should also decide a reply point raised by Mayo because it is likely to arise

following remand. Mayo contends in its first reply point that the District lacks standing or is

equitably estopped from challenging the constitutionality of section 23.12 of the Code, an integral

part of the statutory scheme the legislature has entrusted to the District's administration. We

disagree. In doing so, we express no opinion on the merits of the District's claim. We decide

merely that the District is entitled to press its claim of unconstitutionality and to have a judicial

resolution of that claim. We refer to our decision this day in Williamson County Appraisal

District v. Nootsie, Ltd. & State of Texas , No. 03-93-00588-CV, slip op. at 7-9 (Tex. App.--Austin

June 7, 1995, no writ h.). We overrule Mayo's first reply point.

Our holdings above make it unnecessary to review the parties' other points of error.

We reverse the trial-court judgment and remand the cause to that court for proceedings not

inconsistent with our opinion.

John Powers, Justice

Before Justices Powers, Jones and Kidd

Reversed and Remanded

Filed: June 7, 1995

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