Prairie Winds Apartments 1, LLC v. Stark Cnty. Bd. of Comm'rs, 919 N.W.2d 334 (2018)

Nov. 6, 2018 · North Dakota Supreme Court · No. 20180149; No. 20180150; No. 20180151; No. 20180152

919 N.W.2d 334

PRAIRIE WINDS APARTMENTS 1, LLC, Appellant
v.
STARK COUNTY BOARD OF COMMISSIONERS, Appellee

Prairie Winds Apartments 2, LLC, Appellant
v.
Stark County Board of Commissioners, Appellee

DAB, LLC, Appellant
v.
Stark County Board of Commissioners, Appellee

Roers Development, Inc., Appellant
v.
Stark County Board of Commissioners, Appellee

No. 20180149
No. 20180150
No. 20180151
No. 20180152

Supreme Court of North Dakota.

Filed November 6, 2018

Michael S. Raum, Elizabeth L. Alvine, Fargo, ND, and Christopher A. Stafford, Minneapolis, MN, for appellants; on brief.

Mitchell D. Armstrong and Brian Schmidt, Special Assistant State's Attorneys, Bismarck, ND, for appellee; on brief.

Per Curiam.

[¶ 1] Prairie Winds Apartments 1, LLC, Prairie Winds Apartments 2, LLC, DAB, LLC, and Roers Development, Inc., appeal after the district court dismissed their appeals from the Stark County Board of Commissioners' denial of their applications for abatements or refunds of property taxes. On appeal, Prairie Winds Apartments 1 & 2, DAB, and Roers Development argue the district court erred by dismissing their appeals for lack of subject matter jurisdiction and that service upon the state tax commissioner within thirty days is not a jurisdictional requirement. We summarily affirm the district court's judgments of dismissal under N.D.R.App.P. 35.1(a)(7). See S&B Dickinson Apartments I, LLC v. Stark Cty. Bd. of Comm'rs , 2018 ND 158, ¶ 22, 914 N.W.2d 503 ("Service of the notice of appeal on the state tax commissioner within thirty days is necessary to perfect an appeal from a board of county commissioners' decision relating to taxation.").

[¶ 2] Gerald W. VandeWalle, C.J.

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte

Jon J. Jensen