IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2022 ND 83

Hudye Group LP, Appellant

v.

Ward County Board of Commissioners, Appellee

No. 20210279

Appeal from the District Court of Ward County, North Central Judicial 

District, the Honorable Richard L. Hagar, Judge.

AFFIRMED.

Opinion of the Court by VandeWalle, Justice.

Jessica L. Merchant, Minot, ND, for appellant; submitted on brief.

Mitchell D. Armstrong and Jon C. Lengowski, Special Assistant State’s 

Attorneys, Bismarck, ND, for appellee; submitted on brief.

FILED 

IN THE OFFICE OF THE 

CLERK OF SUPREME COURT 

APRIL 28, 2022 

STATE OF NORTH DAKOTA
1

Hudye Group v. Ward Cty. Bd. of Commissioners

No. 20210279

VandeWalle, Justice.

[¶1] Hudye Group LP (“Hudye”) appealed from a district court judgment 

affirming the Ward County Board of Commissioners’ (“the Board”) decision to 

deny Hudye’s applications for abatement or refund of taxes as untimely. Hudye 

argues the failure to consider abatement requests received by the City

Assessor’s Office on the first business day following the November first

deadline results in an unjust outcome. We affirm.

I

[¶2] Hudye filed applications for abatement or refund of taxes relating to 85 

acres of property that had been divided into 92 parcels which are located in 

Ward County, North Dakota. The applications requested a reduction of the 

assessed values for the 2018 and 2019 tax years.

[¶3] Hudye mailed their applications to the Minot City Assessor’s office on 

October 28, 2020. The City Assessor’s office received the applications on 

November 2, 2020. On November 9, 2020, Hudye received a letter from the 

Minot City Assessor specifying that the application needed to be refiled in 

duplicate with the Ward County Auditor. Hudye mailed the applications to the 

Ward County Auditor on November 19, 2020. On November 20, 2020, the Ward 

County Auditor’s Office received the applications.

[¶4] The Minot City Council considered the abatement applications for both 

the 2018 and 2019 tax years. Based on the City Assessor’s recommendation, 

the Council partially approved the applications for the 2019 tax year and 

denied the applications for the 2018 tax year as untimely. The Board heard the 

applications on January 5, 2021. The Board partially approved the application 

for the 2019 tax year and denied the application for the 2018 tax year. The 

Board issued a written decision denying the application for the 2018 tax year. 

The Board reasoned the abatement applications were not filed in the County 

Auditor’s office on or before November first of the year following the year in 

which the tax became delinquent as required by statute.
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[¶5] Hudye appealed the Board’s decision to the district court. The parties 

submitted briefs addressing the issue. The court affirmed the Board’s decision 

and found the Board’s decision was achieved by a rational mental process. The 

court entered judgment and notice of entry of judgment.

II

[¶6] Hudye argues the Board acted unreasonably when it denied its 

abatement request because the request was received by the City Assessor’s 

office the following business day, November 2, 2020.

[¶7] We review a local governing body’s decision on tax rebate and abatement 

applications under the arbitrary, capricious, or unreasonable standard:

Our review of a local governing body’s assessment of value for tax 

purposes is limited by the doctrine of separation of powers. 

Taxation of property is a legislative function, not a judicial 

function, and courts may not substitute their judgment for that of 

the local governing body. A reviewing court may not reverse the 

Board’s decision simply because it finds some of the evidence more 

convincing; rather, the reviewing court may reverse only where 

there is such an absence of evidence or reason that the Board’s 

decision is arbitrary, capricious, or unreasonable. A decision of a 

local governing body is arbitrary, capricious, or unreasonable only 

if it is not the product of a rational mental process, by which the 

facts and the law are considered together for the purpose of 

achieving a reasoned and reasonable interpretation.

RFM-TREI Jefferson Apartments, LLC v. Stark Cty. Bd. of Comm’rs, 2020 ND 

204, ¶ 6, 950 N.W.2d 160 (quoting Dakota Nw. Assocs. v. Burleigh Cty. Bd. of 

Cty. Comm’rs, 2000 ND 164, ¶ 8, 616 N.W.2d 349). “A county board’s 

interpretation of a statute, however, is fully reviewable, and a board’s failure 

to correctly interpret and apply controlling law is arbitrary, capricious, and 

unreasonable.” Plains Mktg., LP v. Mountrail Cty. Bd. of Cty. Comm’rs, 2016 

ND 100, ¶ 7, 879 N.W.2d 75 (citing Gullickson v. Stark Cty. Bd. of Cty. 

Comm’rs, 474 N.W.2d 890, 892 (N.D. 1991)).
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[¶8] In interpreting a statute, our primary objective is to ascertain the intent 

of the legislature. Midthun v. N.D. Workforce Safety Ins., 2009 ND 22, ¶ 10, 

761 N.W.2d 572. We give words their plain, ordinary, and commonly understood 

meaning, unless they are specifically defined or the drafters clearly intended 

otherwise. See N.D.C.C. § 1-02-02. The language of a statute must be 

interpreted in context and according to the rules of grammar. N.D.C.C. § 1-02-

03. When the language is clear and unambiguous, “the letter of it is not to be 

disregarded under the pretext of pursuing its spirit.” N.D.C.C. § 1-02-05. A 

statute is ambiguous if it is susceptible to different, rational meanings. City of 

Lincoln v. Schuler, 2021 ND 123, ¶ 7, 962 N.W.2d 413 (citation omitted). If a 

statute is ambiguous, the court may consider other extrinsic aids to determine 

the intent of the legislation. See N.D.C.C. § 1-02-39.

[¶9] Applications for abatement or refund of property taxes must be “filed in 

the office of the county auditor on or before November first of the year following 

the year in which the tax becomes delinquent.” N.D.C.C. § 57-23-04(1). Because 

“filed” is not a defined term in the statute, we interpret it in its ordinary sense. 

N.D.C.C. § 1-02-02.

[¶10] The law providing for abatement of taxes was first enacted in North 

Dakota in 1897. 1897 N.D. Sess. Laws ch. 126, § 59. In 1931, the Legislature 

repealed Section 2165 of the 1925 Supplement to the Complied laws of North 

Dakota for the year 1913, to provide in relevant part, the board of county 

commissioners the authority to abate or refund, in whole or in part, 

assessments or taxes:

When the board of county commissioners is satisfied beyond a 

doubt that the assessment of the real or personal property 

described in the application for abatement is invalid, inequitable 

or unjustly excessive, the board may, if such application is filed on 

or before the first day of November in the year in which such taxes 

become delinquent, abate any part thereof in excess of a just, fair 

and equitable assessment.

1931 N.D. Sess. Laws ch. 276, § 1.
4

[¶11] In 1891, “to file” was defined as “a paper, on the part of a party, is to place 

it in the official custody of the clerk.” Black’s Law Dictionary 492 (1st ed. 1891). 

It was explained that “[i]n this country and at this day it means, agreeably to 

our practice, depositing them in due order in the proper office.” Id. In 1910, “to 

file” was defined the same as “a paper, on the part of a party, is to place it in 

the official custody of the clerk.” Black’s Law Dictionary 497 (2d ed. 1910). In 

1933, “file” was defined as “[t]o put upon the files or deposit in the custody or 

among the records of a court. To deliver an instrument or other paper to the 

proper officer for the purpose of being kept on file by him in the proper place.”

Black’s Law Dictionary 777 (3d ed. 1933). The most recent edition of Black’s 

Law Dictionary defines “file” to mean “[t]o deliver a legal document to the court 

clerk or record custodian for placement into the official record.” Black’s Law 

Dictionary 772 (11th ed. 2019). Thus, the word “filed” as used in N.D.C.C. § 57-

23-04(1) has consistently meant to place in the custody of the officer charged 

with keeping those records.

[¶12] The plain language of N.D.C.C. § 57-23-04(1) requires applications for 

abatement or refund of property taxes be delivered to the county auditor’s office 

on or before November first of the year following the year in which the tax 

becomes delinquent. Hudye mailed the applications to the Minot City 

Assessor’s office which were received on November 2, 2020. It is apparent that 

the city assessor’s office and the county auditor’s office are not the same 

because Hudye received a letter from the Minot City Assessor on November 9, 

2020, specifying that the application needed to be refiled in duplicate with the 

Ward County Auditor. Hudye mailed the applications to the Ward County 

Auditor on November 19, 2020. On November 20, 2020, the Ward County 

Auditor’s Office received Hudye’s applications. Hudye did not comply with 

N.D.C.C. § 57-23-04(1) because the applications were not delivered to the 

county auditor on or before the November first deadline. See Trollwood Vill.

Ltd. P’ship v. Cass Cty. Bd. of Cty. Comm’rs, 557 N.W.2d 732, 733 (N.D. 1996) 

(holding taxpayer’s applications for abatement of real estate taxes which were 

not filed before November first of the year after taxes became delinquent as 

required by N.D.C.C. § 57-23-04(1) were untimely). The Board’s decision to 

deny Hudye’s applications for the 2018 tax year was not arbitrary, capricious, 

or unreasonable.
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III

[¶13] We have considered the parties’ remaining issues and arguments and 

conclude they are either unnecessary to our decision or are without merit.

[¶14] The judgment is affirmed.

[¶15] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte