Apartment lawsuit dismissed

The Quay Apartments’ lawsuit against Quay County Assessor Janie Hoffman over its property taxes was ordered dismissed last week after both parties reported a resolution.

District Judge Albert Mitchell Jr. on May 3 granted a joint motion to dismiss the suit.

The order stated the assessor “shall take necessary administrative action to change the Subject Property’s classification for the 2020 tax year to Residential.”

Mitchell’s order stated the county treasurer would refund or credit Quay Apartments $1,867.63 within 30 days, and both parties would pay their respective attorney fees and costs.

The lawsuit was dismissed with prejudice, which means the plaintiff could refile it.

Quay Apartments LLC at 702 Sunset Road in Tucumcari in late December filed the suit, claiming a wrong assessment caused it to pay more in taxes.

It stated Hoffman classified the apartment complex as non-residential property and assessed it at a non-residential tax rate. The lawsuit stated Quay Apartments is a 64-unit apartment complex that should be taxed based on a residential tax rate.

It stated Quay Apartments paid $10,192.52 in taxes for the 2020 tax year, and actual taxes should have been $7,750.63.

Quay County’s attorney Warren Frost and Daniel Macke of Macke Law & Policy of Albuquerque, who also was listed as the assessor’s lawyer, declined to comment on the case.

The lawyer representing Quay Apartments was listed as Douglas S. John of the Frazer Ryan Goldberg & Arnold LLP law firm of Phoenix. John declined to comment in an email that asked about the case.