Berrum v. Otto

This appeal arose out of an ongoing conflict between Washoe County and certain taxpayers in Incline Village and Crystal Bay regarding property tax valuation, equalization, and collection. At issue was whether the district court properly issued a writ of mandamus requiring the county treasurer to refund excess taxes paid by the respondent taxpayers for the 2006-2007 tax year. The taxpayers paid the excess taxes because of a stay imposed in a pending appeal challenging a prior year's assessments. The Supreme Court held that (1) the district court properly issued the writ of mandamus because the taxpayers paid more than was due and typical administrative remedies to recover overpaid taxes do not apply where the taxpayers were successful at all levels below; and (2) the treasurer had a duty to refund the excess taxes pursuant to Nev. Rev. Stat. 360.2935.