State ex rel. Cassilly v. Riney, 60392

• Decision Date: 25 January 1979
• Docket Number: No. 60392,60392
• Citation: 576 S.W.2d 325
• Parties: STATE ex rel. J. David CASSILLY et al., Plaintiffs-Appellants-Respondents, v. James RINEY et al., Defendants-Respondents-Appellants, Francis M. Barnes, III, et al., Intervenors-Appellants.
• Court: Missouri Supreme Court

Page 325

576 S.W.2d 325

STATE ex rel. J. David CASSILLY et al Plaintiffs-Appellants-Respondents, v. James RINEY et al., Defendants-Respondents-Appellants Francis M. Barnes, III, et al., Intervenors-Appellants.

No. 60392.

Supreme Court of Missouri, En Banc.

Jan. 25, 1979.

John D. Ashcroft, Atty. Gen., Richard L. Wieler, Asst. Atty. Gen., Jefferson City, George W. Lang, II, Thomas W. Wehrle, Karen Weinhaus, Clayton, for defendants-respondents-appellants.

Martin W. O'Brien, Ballwin, Martin J. Bregman, Chestertown, for plaintiffs-appellants-respondents.

DONNELLY, Judge.

The question on this appeal is whether each owner of real estate in St. Louis County shall be compelled, By writ of mandamus, to bear his proper share of the cost of government, as against other owners of real estate in the county. We believe that each taxpayer should bear his proper share. However, we do not believe that mandamus should be utilized At this time.

The Circuit Court of St. Louis County, by way of writ of mandamus, ordered the Director of Revenue and Assessor of St. Louis County to assess all land in St. Louis County, not qualifying as agricultural or horticultural property, at thirty-three and one-third percent of its true value in money. The amended order of the Circuit Court reads, in part, as follows:

"1. George Leachman Director of Revenue of St. Louis County, Missouri and Frank J. Antonio the Assessor of St. Louis County are directed to assess all land qualifying as agricultural and horticultural property under Sections 137.017 and 137.019 V.A.M.S. at thirty-three and one-third (331/3) percent of its current value for agricultural or horticultural use. Excepting real property required to be assessed by the State Tax Commission under Section 138.420, said Director and Assessor are directed to assess all remaining real property located in St. Louis County at thirty-three and one-third (331/3) percent of its true value in money in conformity with Section 137.115 V.A.M.S.

"2. The Director of Revenue, Assessor, and David Christman, Paul Ritchey and William Crume, comprising the St. Louis County Board of Equalization, are ordered to devise a system in conformity with acceptable assessment practices "3. Robert Love, Donald Williams and Steven Snyder, comprising The State Tax Commission, are directed to initiate to monitor said Assessor for failing to comply with the requirement that real property in St. Louis County be assessed at thirty-three and one-third (331/3) percent of its true value in money, and to initiate proceedings to enforce the penalties provided by law against said Assessor for failing to comply with the provisions of V.A.M.S. 137.115, one year from this date, per their authority in Section 138.410 V.A.M.S.

whereby assessments of real property in St. Louis County will be kept current on an annual basis.

"4. Said Director of Revenue, Assessor, Defendants-Respondents are allowed one (1) year in which to take substantial steps toward compliance with the orders of this Court. The Court will retain jurisdiction over the said parties. In the event there has not been substantial efforts toward compliance satisfactory to the Court, within one (1) year from the date of this Order, the Court shall enter such further Orders as it deems proper at that time."

The parties stipulated, in part, as follows:

"1. Plaintiffs are owners of new homes in St. Louis County. As used in these Stipulations, the term 'new homes' means a home which was constructed since mid-1973;

"3. In St. Louis County approximately 319,000 individual parcels are listed for assessment purposes;

"4. The last 'general reassessment', by that, meaning a reappraisal for assessment purposes of every parcel in St. Louis County, was concluded in 1960 with corrections and adjustments based thereon performed for three (3) or four (4) years thereafter. * * *

"5. Since the last general reassessment the Assessor has assessed newly constructed homes at one-third (1/3) of current market value at the completion of construction. * * *

"6. In general, the assessed valuations of single-family residence (sic) which were appraised in the last general reassessment in St. Louis County have not been updated since the general reassessment. * * *

"7. In general, the assessed valuations of homes completed since 1960 have not been updated since the homes were appraised for assessment purposes at the completion of construction. * * *

"8. Where an improvement has been made to an existing single-family residence (for example, the addition of a room to an existing residence), it has been the practice of the Assessor's Office to determine the assessed value of the addition and to add this amount to the assessed valuation of the existing structure. * * *

"9. The resources available to the Assessor's Office are not sufficient to enable the Assessor to reappraise every parcel of real property in St. Louis County on a regular basis. The Assessor has reassessed many commercial and industrial properties since the last general reassessment;

"10. Since the last general reassessment in St. Louis County real property values in St. Louis County have increased in some areas and decreased in other areas. * * *

"11. The Assessor of St. Louis County estimates that the one-time cost of general reassessment in St. Louis County to be approximately $6,000,000. * * *."

Section 137.080, RSMo 1969, provides that all real estate shall be assessed annually.

Section 137.115, RSMo 1969 (as amended Laws 1973, p. 213, § 1), provides that the assessor in all counties of this state shall assess property "at thirty-three and one-third percent of its true value in money * * * ."

Section 138.030, RSMo 1969, provides that members of a county board of equalization have the power and the duty "to fairly and impartially equalize the valuation of all real estate * * * taxable by the county."

Section 138.410, RSMo 1969, places general supervision over all the assessing officers of this state and over county boards of equalization in the State Tax Commission. It reads as follows:

"1. The commission shall exercise general supervision over all the assessing officers of this state, over county boards of equalization and appeal in the performance of their duties under this chapter and all other laws concerning the general property tax and shall institute proper proceedings to enforce the penalties and liabilities provided by law for public officers, officers of corporations and individuals failing to comply with the provisions of this chapter, and of all laws relating to the general property tax.

"2. In the execution of these powers the said commission shall call upon the attorney general or any prosecuting or circuit attorney in the state, to assist this commission in the enforcement of laws with the supervision of which this commission is charged, and when so called upon it shall be the duty of the attorney general, and the prosecuting or circuit attorneys in their respective counties, to assist in the commencement and prosecutions of actions and proceedings for penalties, forfeitures, removals and punishments for violation of the laws in respect to the assessment and taxation of property, and to represent the commission in any litigation which it may wish to institute or in which it may become involved in the discharge of its duties."

Article X, § 3 of the Constitution of Missouri requires that taxes "shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax." The Stipulation, supra, evidences the fact that this constitutional provision is being violated. It is apparent that taxes are not uniform as between new homes and homes not assessed since 1960.

However, we must conclude from the explicit provisions of § 138.410, supra, that the General Assembly intended that the State Tax Commission should be given first opportunity to enforce the "laws relating to the general property tax."

We are aware of the complexities of the property tax law and acknowledge the wisdom of the General Assembly in providing an administrative agency to deal with this specialized field. We note the words of Justice Weintraub in Switz v. Middletown Twp., 23 N.J. 580, 130 A.2d 15, 30 (1957), and believe they are particularly appropriate here:

"I have posed a number of questions and answered none. The long and short of it is that we know enough to be wary, but not enough to know the answers. And the reason is evident. The record before us, and indeed the judicial process itself, are inadequate to ascertain the facts with respect to problems of such breadth. If we could resolve them by the stroke of a pen, I would gladly join. But for all I know we might be bulling through a china shop."

We conclude that the State Tax Commission should be given first opportunity to resolve the assessment problem in St. Louis County. We note from the record in this case that the Commission is understaffed. However, constitutional rights are involved and we are confident the General Assembly will remedy that situation without delay. If the Commission does not act in St. Louis County within a reasonable time, mandamus against the Commission may be sought in this Court.

In State ex rel. Cranfill v. Smith, 330 Mo. 252, 256, 48 S.W.2d 891, 892, 893 (banc 1932), this Court said:

" * * * Mandamus is not a writ of right. Its issuance lies in the sound discretion of the...