City seeks leverage over delinquent downtown business district funds - Albuquerque Journal

City seeks leverage over delinquent downtown business district funds

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.

Downtown’s business improvement district is funded by fees based on the assessed tax value of eligible commercial properties. Properties with higher values pay more in fees than properties with lower values.

Albuquerque Plaza Office Investment, which actually owns four Downtown properties, has been described as the highest-paying property owner in the business district with a fee of $72,000 a year. The Albuquerque Plaza building, which sold for about $38 million in 2005, is Albuquerque’s tallest building at 22 stories.

Albuquerque Plaza stopped paying the fee in 2011 for two general reasons: its fee was disproportionately high and the owner felt it wasn’t getting anything for the money. The plaza owner also asserts that a simple majority of the 185 or so property owners in Downtown doesn’t support the business district.

The now-financially strapped Downtown Action Team uses revenue from business improvement district fees for street cleanup, graffiti removal and marketing. In February, the City Council voted to use $183,000 in taxpayer money to keep DAT going in the wake of a shortfall in fee payments.

The City Attorney’s Office previously filed tax liens against Albuquerque Plaza. The proposed foreclosure complaint, which seeks about $218,000, is a means by which the city could cash in on those liens.
— This article appeared on page B1 of the Albuquerque Journal

Home » Business » City seeks leverage over delinquent downtown business district funds

Insert Question Legislature form in Legis only stories

Albuquerque Journal and its reporters are committed to telling the stories of our community.

• Do you have a question you want someone to try to answer for you? Do you have a bright spot you want to share?
   We want to hear from you. Please email

taboola desktop

ABQjournal can get you answers in all pages


Questions about the Legislature?
Albuquerque Journal can get you answers
Email addresses are used solely for verification and to speed the verification process for repeat questioners.
Stocks jump higher as Fed sees progress against inflation
Most Recent Biz News
NEW YORK (AP) -- Stocks are ... NEW YORK (AP) -- Stocks are drifting on Wall Street Wednesday following the Federal Reserve's latest hike to interest rates, which are meant to ...
Google has the next move as Microsoft embraces OpenAI ...
NEW YORK (AP) -- Before the ... NEW YORK (AP) -- Before the artificial intelligence tool ChatGPT was unleashed into the world, the novelist Robin Sloan was testing a similar AI ...
Asian stocks higher ahead of Fed rate decision
BC-Financial-Markets, 12th Ld-Writethru Eds: UPDATES: With ... BC-Financial-Markets, 12th Ld-Writethru Eds: UPDATES: With AP Photos. Asian stocks higher ahead of Fed rate decision By Joe Mcdonald Associated Press BEIJING (AP) -- ...
Rebel rebound: Albuquerque donut shop adapts after fire
ABQnews Seeker
Rebel Donuts switches to selling sweets ... Rebel Donuts switches to selling sweets from their van
Yep. The Intel crane in Rio Rancho has an ...
ABQnews Seeker
Celebrity spotting! The largest crane at ... Celebrity spotting! The largest crane at Rio Rancho’s Intel plant, a 450-foot giant with a load capacity of 800 tons, has its own Instagram ...
US wage growth slowed in the final quarter of ...
WASHINGTON (AP) -- Pay and benefits ... WASHINGTON (AP) -- Pay and benefits for America's workers grew at a healthy but more gradual pace in the final three months of 2022, ...
Tesla gets Justice Department subpoena for self-driving cars
The U.S. Justice Department has requested ... The U.S. Justice Department has requested documents from Tesla Inc. related to its Autopilot and 'Full Self-Driving' features, according to a regulatory filing. 'To ...
Europe scrapes out economic growth by dodging gas disaster
Most Recent Biz News
FRANKFURT, Germany (AP) -- Europe's economy ... FRANKFURT, Germany (AP) -- Europe's economy scraped out meager gains at the end of last year as galloping inflation fed by high energy prices ...
Medicaid provider procurement process canceled
ABQnews Seeker
HSD says decision made after departures ... HSD says decision made after departures of Secretary Scrase and Medicaid Director Nicole Comeaux