MINNEAPOLIS (Legal Newsline) – A Texas-based railway company alleges that the State of Minnesota assessed its property at values in excess of its true market value.
BNSF Railway Co. filed a complaint on Aug. 23 in the U.S. District Court for the District of Minnesota against Minnesota Department of Revenue and Revenue Commissioner Cynthia Bauerly seeking injunctive and declaratory relief.
According to the complaint, the defendants determined that the taxable value of the plaintiff's property for tax year 2017 was $1.13 billion, which is a nearly 25 percent increase over its determination for the previous tax year. The plaintiff alleges this is the highest valuation of any state in which it has significant assets.
The plaintiff seeks declare that the inclusion of the value of tangible personal property in the valuation of the plaintiff's property results in discriminatory treatment, declare that the excessive assessment of the plaintiff's property is a violation of the constitution, injunction against the defendant and any other relief as the court deems just.
It is represented by James W. McBride of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC in Washington, D.C.; Stephen D. Goodwin of Baker, Donelson, Bearman, Caldwell & Berkowitz PC in Memphis, Tennessee; and Misty S. Kelly of Baker, Donelson, Bearman, Caldwell & Berkowitz PC in Chattanooga, Tennessee.
U.S. District Court for the District of Minnesota case number 0:17-cv-03907-WMW-SER