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Mummert v. Thunderbird Lanes, Inc.

Citations: 13 Ariz. App. 510; 478 P.2d 125; 1970 Ariz. App. LEXIS 884Docket: No. 1 CA-CIV 1211

Court: Court of Appeals of Arizona; December 28, 1970; Arizona; State Appellate Court

Narrative Opinion Summary

The case revolves around an appeal concerning the proper interpretation and enforcement of A.R.S. 42-1134, which imposes a licensing tax on billiard tables and bowling alleys. The plaintiffs, owners of multiple establishments, contested the change in tax assessment from a per-establishment basis to a per-unit basis, as decided by the Maricopa County Sheriff. Historically, the tax had been collected per establishment, a practice in place since at least 1931. The plaintiffs paid the increased fees under protest and sought a refund, arguing that precedent and historical practice justified continued enforcement of the per-establishment tax. However, the court found the statute's language clear and unambiguous, requiring taxation on each individual unit rather than collectively per establishment. The court dismissed the relevance of the State v. Downen case, noting that it lacked binding authority as it was not adjudicated on its merits by the Arizona Supreme Court due to jurisdictional limits. Ultimately, the court reversed the previous ruling, requiring enforcement of the statute as explicitly written, emphasizing the primacy of statutory language over historical administrative practices. Judges Donofrio and Stevens concurred in the decision.

Legal Issues Addressed

Historical Administrative Interpretation

Application: Despite a longstanding practice of taxing on a per-establishment basis, the court held that historical enforcement cannot override the clear statutory language.

Reasoning: The court emphasized that while the custom of administrative officers is significant in interpreting statutes, it cannot override the clear intent of the law.

Interpretation of A.R.S. 42-1134

Application: The court concluded that the statute mandates a $10 tax on each individual billiard table and bowling alley, rather than a per-establishment tax.

Reasoning: The court interpreted A.R.S. 42-1134, which imposes a $10 tax on each billiard table and bowling alley, determining that the statute’s language is clear and unambiguous.

Precedential Value of Non-Binding Decisions

Application: The court found that the reliance on State v. Downen, which was not decided on its merits by the Arizona Supreme Court, does not provide binding precedent.

Reasoning: The Downen case involved a dispute over a per-establishment tax, with the Superior Court of Graham County ruling in favor of this tax structure. However, the Arizona Supreme Court did not decide on the merits due to a lack of jurisdiction.