ALBUQUERQUE, N.M. — The city of Albuquerque, reaffirming its support for Downtown’s business improvement district, is seeking to file a counterclaim against the owners of the Albuquerque Plaza office tower to force payment of delinquent fees owed to the district.
The City Attorney’s Office has filed a motion in District Court for permission to file a “complaint for foreclosure” against Albuquerque Plaza Office Investment LLC as a means to aid collection of previous tax liens. The city wants its proposed complaint heard as part of an ongoing court case challenging the legality of the district.
The building owner is fighting the city’s attempt to file said complaint, said B.J. Crow, Albuquerque Plaza’s lawyer.
Albuquerque Plaza had originally sued the city and the Downtown Action Team, which is the beneficiary of fees paid to the business improvement district, in U.S. District Court in November 2010. The lawsuit was dismissed in February 2011, basically on grounds the issues were better suited to state court.
The lawsuit said the business district’s fees violated the “just compensation” clause of the U.S. Constitution, Plaza’s right to due process and equal protection, and both state and federal laws by disproportionately assessing fees on different property owners in the district.
Albuquerque Plaza refiled its lawsuit in state District Court in March 2011.