A-1-CA-42734•May 21, 2026- Damian Lara v. Presbyterian Healthcare Services, No. A-1-CA-42734
May 21, 2026- Damian Lara v. Presbyterian Healthcare Services, No. A-1-CA-42734
A-1-CA-42734Nmctapp
Full text
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 Opinion Number: __________ 2 Filing Date: May 21, 2026 3 No. A-1-CA-42734 4 DAMIAN LARA, in his official capacity 5 as Bernalillo County Assessor, 6 Petitioner-Appellant, 7 v. 8 PRESBYTERIAN HEALTHCARE 9 SERVICES, 10 Respondent-Appellee. 11 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 12 Denise Barela Shepherd, District Court Judge 13 NM Local Government Law LLC 14 Charles Rennick 15 Lea Corinne Strife 16 Kenneth J. Tager 17 Albuquerque, NM 18 for Appellant 19 Rodey, Dickason, Sloan, Akin & Robb, P.A. 20 Edward Ricco 21 John P. Salazar 22 Kara B Murphy 23 Albuquerque, NM 24 for Appellee 25 Court of Appeals of New Mexico Filed 5/21/2026 9:20 AM
OPINION 1
WRAY, Judge. 2
{1} In the district court, Petitioner Damian Lara, in his official capacity as 3
Bernalillo County Assessor (the Assessor), (1) appealed the final decision of the 4
Bernalillo County Valuation Protests Board (the Board) that Respondent 5
Presbyterian Healthcare Services (the Hospital) qualified for certain tax exemptions 6
for real property under the Hospital Equipment Loan Act (HELA), NMSA 1978, 7
§§ 58-23-1 to -32 (1983, as amended through 2006); and (2) challenged the 8
constitutionality of the tax exemption statutes, which was an issue that the Board 9
had determined it lacked jurisdiction to decide. The district court sua sponte certified 10
to this Court the following question as a matter of substantial public interest: “[D]oes 11
Article VIII, Section 3 of the New Mexico Constitution authorize the Legislature to 12
create the property tax exemptions at Section 58-23-29(B) and [NMSA 1978,] 13
Section 7-36-3(C) [(2019)]?” See NMSA 1978, § 39-3-1.1(F) (1999) (“The district 14
court may certify to the [C]ourt of [A]ppeals a final decision appealed to the district 15
court, but undecided by that court, if the appeal involves an issue of substantial 16
public interest that should be decided by the [C]ourt of [A]ppeals.”); Rule 1-075(S) 17
NMRA (same). The question whether the Hospital qualified for the tax exemption 18
under the statute, decided in the first instance by the Board, arose under the district 19
court’s appellate jurisdiction. But the Board did not decide the constitutional 202
question, which was presented to the district court to decide in the exercise of its 1
original jurisdiction. Without a decision from the Board in the first instance, Section 2
39-3-1.1(F) does not contemplate certification by the district court to this Court. We 3
conclude that we lack jurisdiction and dismiss this appeal. 4
BACKGROUND 5
{2} The following facts are undisputed. The Hospital owns a three-story parking 6
garage as part of its medical campus located in Albuquerque, New Mexico. The 7
parking garage was financed with proceeds of bonds issued pursuant to HELA. The 8
Hospital paid property taxes on the property in 2022, but in 2023, the Hospital valued 9
its property at zero dollars and claimed HELA tax exemptions. For that same period, 10
the Assessor valued the property at over ten million dollars. 11
{3} The Assessor denied the Hospital’s claim to the HELA exemptions, and the 12
Hospital appealed the Assessor’s decision to the Board. Before the Board, the 13
Assessor argued (1) that the Hospital did not properly apply or qualify for the HELA 14
exemptions; and (2) that the HELA exemptions were unconstitutional. The Board 15
concluded that the Hospital qualified for the property tax exemption under the terms 16
of the statute, but did not address the Assessor’s constitutional argument. While the 17
Board acknowledged that the instant protest was similar to previous cases where 18
courts had reviewed “a statutory tax exemption that is not fully congruent with a 193
constitutional basis for [a] tax exemption,” the Board concluded that the 1
“constitutional question [was] beyond its purview.” 2
{4} The Assessor appealed the Board’s decision to the district court. The Assessor 3
argued that the Board erred by finding that the Hospital qualified for the HELA 4
exemptions and also reasserted the argument that the HELA exemptions were 5
unconstitutional under Article VIII, Section 3 of the New Mexico Constitution. After 6
briefing by the parties, the district court (1) exercised its appellate jurisdiction to 7
conclude that the Board’s determination that the Hospital qualified for the HELA 8
exemptions was supported by substantial evidence and was neither arbitrary nor 9
capricious; and (2) noted that the constitutional challenge had not been decided by 10
the Board and that the issue arose under the district court’s original jurisdiction. The 11
district court did not exercise its original jurisdiction to consider and decide the 12
constitutional question de novo but instead found that the undecided constitutional 13
question “is an issue of substantial public interest” and certified the issue to this 14
Court. See § 39-3-1.1(F); Rule 1-075(S); see also El Castillo Ret. Residences v. 15
Martinez (El Castillo), 2017-NMSC-026, ¶ 23, 401 P.3d 751 (“On appeal to a 16
district court of claims first considered by an agency, where the appeal also asserts 17
constitutional and other claims in the district court that were beyond the scope of the 18
agency’s adjudicative authority, the district court should consider each claim 19
according to its appropriate standard of review and maintain the distinction between 204
the court’s appellate and original jurisdiction in rendering its decision.” (internal 1
quotation marks and citation omitted)). 2
DISCUSSION 3
{5} We requested supplemental briefing from the parties regarding our 4
jurisdiction under Rule 1-075(S) and Section 39-3-1.1(F). See Smith v. City of Santa 5
Fe, 2007-NMSC-055, ¶ 10, 142 N.M. 786, 171 P.3d 300 (“[I]t is incumbent upon 6
the appellate court to raise jurisdiction questions sua sponte when the Court notices 7
them.”). Specifically, we asked the parties to brief whether this Court has jurisdiction 8
to address a matter certified by the district court under the certification rules when 9
the certified issue is solely related to a matter arising under the district court’s 10
original, rather than appellate, jurisdiction and no decision on the issue was made by 11
the Board. This question, a legal one that we review de novo, see El Castillo, 2017- 12
NMSC-026, ¶ 20, is rooted in the fundamental principles of a district court’s 13
jurisdiction in relation to the decisions of administrative agencies, and we therefore 14
begin with those principles. 15
{6} The district court has two distinct types of jurisdiction over the decisions of 16
agencies: appellate jurisdiction and original jurisdiction. See N.M. Const. Art. VI, 17
§ 13 (“The district court shall have original jurisdiction in all matters and causes not 18
excepted in [the C]onstitution, and such jurisdiction of special cases and proceedings 19
as may be conferred by law, and appellate jurisdiction of all cases originating in 205
inferior courts and tribunals in their respective districts as provided by law, and 1
supervisory control over the same.”); VanderVossen v. City of Española, 2001- 2
NMCA-016, ¶¶ 13-14, 130 N.M. 287, 24 P.3d 319 (distinguishing the grants of 3
original and appellate jurisdiction). First, the district court exercises its appellate 4
jurisdiction to review a decision an agency has made. See § 39-3-1.1(C), (D); Rule 5
1-074(A) NMRA (addressing appeals from administrative agencies when there is a 6
statutory right to review by the district court); Rule 1-075(A) (governing 7
discretionary review by the district courts of administrative agency decisions when 8
there is no statutory right to review); see also Martinez v. N.M. State Eng’r Office, 9
2000-NMCA-074, ¶ 48, 129 N.M. 413, 9 P.3d 657 (noting “that in administrative 10
appeals the district court is a reviewing court, not a fact-finder”). Second, the district 11
court may exercise its broad original jurisdiction over issues that are related to, but 12
beyond the scope of, the agency’s authority to decide. See Maso v. N.M. Tax’n & 13
Revenue Dep’t, 2004-NMCA-025, ¶¶ 12-17, 135 N.M. 152, 85 P.3d 276. The district 14
court may exercise both appellate and original jurisdiction in the same case even 15
though the issues involve “the same parties and same general subject matter.” See 16
id. ¶ 17 (internal quotation marks and citation omitted). 17
{7} Though the district court may wield both aspects of its jurisdiction within the 18
same case, see id., the two types of jurisdiction function distinctly. In its appellate 19
capacity, the district court reviews a decision that was made by an agency, and may 206
only consider the record created in the agency, and the parties may be required to 1
exhaust the remedies available in the agency before turning to the district court. See 2
id. ¶¶ 13, 15-16 (explaining that appellate review is limited to the record below); 3
Summit Properties, Inc. v. Pub. Serv. Co. of N.M., 2005-NMCA-090, ¶ 21, 138 N.M. 4
208, 118 P.3d 716 (addressing the exhaustion of administrative remedies). In 5
contrast, when exercising original jurisdiction, the district court is “unconstrained 6
by the statutory limits on appellate review” and is not limited by any record created 7
during the agency proceedings. Maso, 2004-NMCA-025, ¶¶ 15-16. No exhaustion 8
of remedies is required if the matter presents a question of law “that would have 9
been futile to pursue through the . . . administrative appeals process.” Smith, 2007- 10
NMSC-055, ¶ 27. Thus, when exercising appellate jurisdiction, the district court 11
reviews what the agency has done, and when exercising original jurisdiction, the 12
district court considers a claim in the first instance. 13
{8} Although the district court has appellate and original jurisdiction and this 14
Court may review a decision of the district court acting in either capacity,1 the New 15
1 This Court’s review of a district court’s determinations about agency
decisions is also impacted by the type of jurisdiction that the district court exercised.
On the one hand, after the district court conducts an appellate review of the agency’s
decision, a party may seek discretionary relief in this Court by petition for writ of
certiorari according to the procedures and timelines set forth in Rule 12-505 NMRA.
See Wakeland v. N.M. Dep’t of Workforce Sols., 2012-NMCA-021, ¶¶ 15, 18, 274
P.3d 766; see also Smith, 2007-NMSC-055, ¶¶ 22-23 (explaining the process to
petition for certiorari under Rule 1-075). On the other hand, a party’s appeal to this
Court from a final order arising from the exercise of original jurisdiction is a7
Mexico Constitution states that this Court “shall have no original jurisdiction.” See 1
N.M. Const. art. VI, § 29. This Court has only appellate jurisdiction—jurisdiction to 2
review other proceedings—as well as jurisdiction “to issue all writs necessary or 3
appropriate in aid of [our] appellate jurisdiction.” N.M. Const. art. VI, § 29. Despite 4
the limitations on this Court’s jurisdiction, the constitutional question was certified 5
to this Court without any decision having been made in the first instance by the 6
Board or the district court, suggesting an invocation of original jurisdiction we 7
simply do not have. 8
{9} The Assessor reads the Board’s decision to decide the constitutional issue in 9
the first instance, but we disagree. The Assessor maintains that in addition to 10
deciding that the constitutional issue was “beyond its purview,” the Board also 11
decided the constitutional issue by incorrectly interpreting El Castillo to create 12
separate statutory and constitutional tax exemptions and evaluating the Hospital’s 13
claim as only a statutory exemption. Both aspects of the Board’s decision avoid 14
deciding whether the statutes themselves were constitutional—one by disclaiming 15
jurisdiction and one by characterizing the claim as statutory. But neither decided the 16
constitutional right (provided the appeal conforms to our procedural rules). See Los
Chavez Cmty. Ass’n v. Valencia Cnty., 2012-NMCA-044, ¶ 5, 277 P.3d 475 (“In
general, the right to appeal is restricted to final judgments and decisions.” (internal
quotation marks and citation omitted)); Wakeland, 2012-NMCA-021, ¶ 15; Olguin
v. State, 1977-NMSC-034, ¶ 2, 90 N.M. 303, 563 P.2d 97 (holding that the
“constitutional right to appeal was not abridged by the dismissal for failure to follow
procedural rules”).8
constitutional issue in the first instance. We therefore agree with the district court 1
that the constitutional issue arose under its original jurisdiction. 2
{10} When, as in this case, the district court’s original jurisdiction is invoked in an 3
administrative appeal, the fundamental jurisdictional principles we have described, 4
together with the language of Rule 1-075(S) and Section 39-3-1.1(F), demonstrate 5
that certification may not be made to this Court. See El Castillo, 2017-NMSC-026, 6
¶ 25 (“A statute must be interpreted and applied in harmony with constitutionally 7
imposed limitations.”). Section 39-3-1.1(F) and Rule 1-075(S) permit the district 8
court, under some circumstances, to certify” to this Court “a final decision” that a 9
party has appealed to the district court, but that is “undecided by that court,” 10
provided that the matter “involves an issue of substantial public interest that should 11
be decided by the Court of Appeals.” The Board explicitly determined that the 12
constitutional issue was outside its jurisdiction. In these circumstances, there was no 13
Board decision on the constitutional issue that could have been “presented for review 14
to the district court.” See Rule 1-075(S). As a result, there was no Board decision to 15
“certify” to this Court. 2 See § 39-3-1.1(F) (permitting certification of “a final 16
2Because we determine that the Board made no decision at all, we need not
resolve the parties’ dispute about whether the Board’s decision was “final.” See § 39-
3-1.1(H)(2) (describing a final decision as one that “as a practical matter resolves all
issues arising from a dispute within the jurisdiction of the agency”). We also do not
decide whether the Board correctly determined whether it had jurisdiction to decide
the constitutional question, because the question was not presented by the parties to
this appeal and, in any event, we lack jurisdiction to address it. See Schuster v. N.M.9
decision” if the “appeal involves an issue of substantial public interest”); Rule 1- 1
075(S) (addressing the certification of a “final decision” if the “matter” or “case 2
involves an issue of substantial public interest”). Instead, there was only a claim for 3
the district court to decide, in the exercise of its original jurisdiction, in the first 4
instance. See Maso, 2004-NMCA-025, ¶ 2. We therefore hold that Rule 1-075(S) 5
and Section 39-3-1.1(F) do not permit certification to this Court of issues that arise 6
under the district court’s original jurisdiction. The district court must first exercise 7
its original jurisdiction before this Court has authority to exercise its appellate 8
jurisdiction. 9
CONCLUSION 10
{11} Having no jurisdiction, we dismiss the appeal and remand to the district court 11
for determination of the constitutional issue. See Thorton v. Gamble, 1984-NMCA- 12
093, ¶ 15, 101 N.M. 764, 688 P.2d 1268 (“If we do not have jurisdiction, we must 13
dismiss.”). 14
{12} IT IS SO ORDERED. 15
______________________________ 16
KATHERINE A. WRAY, Judge 17
Tax’n & Revenue Dep’t, 2012-NMSC-025, ¶¶ 11-19, 283 P.3d 288 (concluding that
in some circumstances, an agency has jurisdiction to determine constitutionality in
order to fulfill its statutory mandate); cf. El Castillo, 2017-NMSC-026, ¶ 7 (noting
that the parties in that case “agreed that the [b]oard did not have jurisdiction to
address the constitutional issue with regard to the statute itself” (internal quotation
marks omitted)).10 WE CONCUR: 1 __________________________ 2 ZACHARY A. IVES, Judge 3 __________________________ 4 JANE B. YOHALEM, Judge 5
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Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication
with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly
in Odyssey.
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
Court of Appeals of New Mexico
Opinion Number: Filed 5/21/2026 9:20 AM
ML LZ —
Mark Reynolds
Filing Date: May 21, 2026
No. A-1-CA-42734
DAMIAN LARA, in his official capacity
as Bernalillo County Assessor,
Petitioner-Appellant,
V.
PRESBYTERIAN HEALTHCARE
SERVICES,
Respondent-Appellee.
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Denise Barela Shepherd, District Court Judge
NM Local Government Law LLC
Charles Rennick
Lea Corinne Strife
Kenneth J. Tager
Albuquerque, NM
for Appellant
Rodey, Dickason, Sloan, Akin & Robb, P.A.
Edward Ricco
John P. Salazar
Kara B Murphy
Albuquerque, NM
for Appellee
OPINION 1
WRAY, Judge. 2
{1} In the district court, Petitioner Damian Lara, in his official capacity as 3
Bernalillo County Assessor (the Assessor), (1) appealed the final decision of the 4
Bernalillo County Valuation Protests Board (the Board) that Respondent 5
Presbyterian Healthcare Services (the Hospital) qualified for certain tax exemptions 6
for real property under the Hospital Equipment Loan Act (HELA), NMSA 1978, 7
§§ 58-23-1 to -32 (1983, as amended through 2006); and (2) challenged the 8
constitutionality of the tax exemption statutes, which was an issue that the Board 9
had determined it lacked jurisdiction to decide. The district court sua sponte certified 10
to this Court the following question as a matter of substantial public interest: “[D]oes 11
Article VIII, Section 3 of the New Mexico Constitution authorize the Legislature to 12
create the property tax exemptions at Section 58-23-29(B) and [NMSA 1978,] 13
Section 7-36-3(C) [(2019)]?” See NMSA 1978, § 39-3-1.1(F) (1999) (“The district 14
court may certify to the [C]ourt of [A]ppeals a final decision appealed to the district 15
court, but undecided by that court, if the appeal involves an issue of substantial 16
public interest that should be decided by the [C]ourt of [A]ppeals.”); Rule 1-075(S) 17
NMRA (same). The question whether the Hospital qualified for the tax exemption 18
under the statute, decided in the first instance by the Board, arose under the district 19
court’s appellate jurisdiction. But the Board did not decide the constitutional 20
2
question, which was presented to the district court to decide in the exercise of its 1
original jurisdiction. Without a decision from the Board in the first instance, Section 2
39-3-1.1(F) does not contemplate certification by the district court to this Court. We 3
conclude that we lack jurisdiction and dismiss this appeal. 4
BACKGROUND 5
{2} The following facts are undisputed. The Hospital owns a three-story parking 6
garage as part of its medical campus located in Albuquerque, New Mexico. The 7
parking garage was financed with proceeds of bonds issued pursuant to HELA. The 8
Hospital paid property taxes on the property in 2022, but in 2023, the Hospital valued 9
its property at zero dollars and claimed HELA tax exemptions. For that same period, 10
the Assessor valued the property at over ten million dollars. 11
{3} The Assessor denied the Hospital’s claim to the HELA exemptions, and the 12
Hospital appealed the Assessor’s decision to the Board. Before the Board, the 13
Assessor argued (1) that the Hospital did not properly apply or qualify for the HELA 14
exemptions; and (2) that the HELA exemptions were unconstitutional. The Board 15
concluded that the Hospital qualified for the property tax exemption under the terms 16
of the statute, but did not address the Assessor’s constitutional argument. While the 17
Board acknowledged that the instant protest was similar to previous cases where 18
courts had reviewed “a statutory tax exemption that is not fully congruent with a 19
3
constitutional basis for [a] tax exemption,” the Board concluded that the 1
“constitutional question [was] beyond its purview.” 2
{4} The Assessor appealed the Board’s decision to the district court. The Assessor 3
argued that the Board erred by finding that the Hospital qualified for the HELA 4
exemptions and also reasserted the argument that the HELA exemptions were 5
unconstitutional under Article VIII, Section 3 of the New Mexico Constitution. After 6
briefing by the parties, the district court (1) exercised its appellate jurisdiction to 7
conclude that the Board’s determination that the Hospital qualified for the HELA 8
exemptions was supported by substantial evidence and was neither arbitrary nor 9
capricious; and (2) noted that the constitutional challenge had not been decided by 10
the Board and that the issue arose under the district court’s original jurisdiction. The 11
district court did not exercise its original jurisdiction to consider and decide the 12
constitutional question de novo but instead found that the undecided constitutional 13
question “is an issue of substantial public interest” and certified the issue to this 14
Court. See § 39-3-1.1(F); Rule 1-075(S); see also El Castillo Ret. Residences v. 15
Martinez (El Castillo), 2017-NMSC-026, ¶ 23, 401 P.3d 751 (“On appeal to a 16
district court of claims first considered by an agency, where the appeal also asserts 17
constitutional and other claims in the district court that were beyond the scope of the 18
agency’s adjudicative authority, the district court should consider each claim 19
according to its appropriate standard of review and maintain the distinction between 20
4
the court’s appellate and original jurisdiction in rendering its decision.” (internal 1
quotation marks and citation omitted)). 2
DISCUSSION 3
{5} We requested supplemental briefing from the parties regarding our 4
jurisdiction under Rule 1-075(S) and Section 39-3-1.1(F). See Smith v. City of Santa 5
Fe, 2007-NMSC-055, ¶ 10, 142 N.M. 786, 171 P.3d 300 (“[I]t is incumbent upon 6
the appellate court to raise jurisdiction questions sua sponte when the Court notices 7
them.”). Specifically, we asked the parties to brief whether this Court has jurisdiction 8
to address a matter certified by the district court under the certification rules when 9
the certified issue is solely related to a matter arising under the district court’s 10
original, rather than appellate, jurisdiction and no decision on the issue was made by 11
the Board. This question, a legal one that we review de novo, see El Castillo, 2017- 12
NMSC-026, ¶ 20, is rooted in the fundamental principles of a district court’s 13
jurisdiction in relation to the decisions of administrative agencies, and we therefore 14
begin with those principles. 15
{6} The district court has two distinct types of jurisdiction over the decisions of 16
agencies: appellate jurisdiction and original jurisdiction. See N.M. Const. Art. VI, 17
§ 13 (“The district court shall have original jurisdiction in all matters and causes not 18
excepted in [the C]onstitution, and such jurisdiction of special cases and proceedings 19
as may be conferred by law, and appellate jurisdiction of all cases originating in 20
5
inferior courts and tribunals in their respective districts as provided by law, and 1
supervisory control over the same.”); VanderVossen v. City of Española, 2001- 2
NMCA-016, ¶¶ 13-14, 130 N.M. 287, 24 P.3d 319 (distinguishing the grants of 3
original and appellate jurisdiction). First, the district court exercises its appellate 4
jurisdiction to review a decision an agency has made. See § 39-3-1.1(C), (D); Rule 5
1-074(A) NMRA (addressing appeals from administrative agencies when there is a 6
statutory right to review by the district court); Rule 1-075(A) (governing 7
discretionary review by the district courts of administrative agency decisions when 8
there is no statutory right to review); see also Martinez v. N.M. State Eng’r Office, 9
2000-NMCA-074, ¶ 48, 129 N.M. 413, 9 P.3d 657 (noting “that in administrative 10
appeals the district court is a reviewing court, not a fact-finder”). Second, the district 11
court may exercise its broad original jurisdiction over issues that are related to, but 12
beyond the scope of, the agency’s authority to decide. See Maso v. N.M. Tax’n & 13
Revenue Dep’t, 2004-NMCA-025, ¶¶ 12-17, 135 N.M. 152, 85 P.3d 276. The district 14
court may exercise both appellate and original jurisdiction in the same case even 15
though the issues involve “the same parties and same general subject matter.” See 16
id. ¶ 17 (internal quotation marks and citation omitted). 17
{7} Though the district court may wield both aspects of its jurisdiction within the 18
same case, see id., the two types of jurisdiction function distinctly. In its appellate 19
capacity, the district court reviews a decision that was made by an agency, and may 20
6
only consider the record created in the agency, and the parties may be required to 1
exhaust the remedies available in the agency before turning to the district court. See 2
id. ¶¶ 13, 15-16 (explaining that appellate review is limited to the record below); 3
Summit Properties, Inc. v. Pub. Serv. Co. of N.M., 2005-NMCA-090, ¶ 21, 138 N.M. 4
208, 118 P.3d 716 (addressing the exhaustion of administrative remedies). In 5
contrast, when exercising original jurisdiction, the district court is “unconstrained 6
by the statutory limits on appellate review” and is not limited by any record created 7
during the agency proceedings. Maso, 2004-NMCA-025, ¶¶ 15-16. No exhaustion 8
of remedies is required if the matter presents a question of law “that would have 9
been futile to pursue through the . . . administrative appeals process.” Smith, 2007- 10
NMSC-055, ¶ 27. Thus, when exercising appellate jurisdiction, the district court 11
reviews what the agency has done, and when exercising original jurisdiction, the 12
district court considers a claim in the first instance. 13
{8} Although the district court has appellate and original jurisdiction and this 14
Court may review a decision of the district court acting in either capacity,1 the New 15
1 This Court’s review of a district court’s determinations about agency
decisions is also impacted by the type of jurisdiction that the district court exercised.
On the one hand, after the district court conducts an appellate review of the agency’s
decision, a party may seek discretionary relief in this Court by petition for writ of
certiorari according to the procedures and timelines set forth in Rule 12-505 NMRA.
See Wakeland v. N.M. Dep’t of Workforce Sols., 2012-NMCA-021, ¶¶ 15, 18, 274
P.3d 766; see also Smith, 2007-NMSC-055, ¶¶ 22-23 (explaining the process to
petition for certiorari under Rule 1-075). On the other hand, a party’s appeal to this
Court from a final order arising from the exercise of original jurisdiction is a
7
Mexico Constitution states that this Court “shall have no original jurisdiction.” See 1
N.M. Const. art. VI, § 29. This Court has only appellate jurisdiction—jurisdiction to 2
review other proceedings—as well as jurisdiction “to issue all writs necessary or 3
appropriate in aid of [our] appellate jurisdiction.” N.M. Const. art. VI, § 29. Despite 4
the limitations on this Court’s jurisdiction, the constitutional question was certified 5
to this Court without any decision having been made in the first instance by the 6
Board or the district court, suggesting an invocation of original jurisdiction we 7
simply do not have. 8
{9} The Assessor reads the Board’s decision to decide the constitutional issue in 9
the first instance, but we disagree. The Assessor maintains that in addition to 10
deciding that the constitutional issue was “beyond its purview,” the Board also 11
decided the constitutional issue by incorrectly interpreting El Castillo to create 12
separate statutory and constitutional tax exemptions and evaluating the Hospital’s 13
claim as only a statutory exemption. Both aspects of the Board’s decision avoid 14
deciding whether the statutes themselves were constitutional—one by disclaiming 15
jurisdiction and one by characterizing the claim as statutory. But neither decided the 16
constitutional right (provided the appeal conforms to our procedural rules). See Los
Chavez Cmty. Ass’n v. Valencia Cnty., 2012-NMCA-044, ¶ 5, 277 P.3d 475 (“In
general, the right to appeal is restricted to final judgments and decisions.” (internal
quotation marks and citation omitted)); Wakeland, 2012-NMCA-021, ¶ 15; Olguin
v. State, 1977-NMSC-034, ¶ 2, 90 N.M. 303, 563 P.2d 97 (holding that the
“constitutional right to appeal was not abridged by the dismissal for failure to follow
procedural rules”).
8
constitutional issue in the first instance. We therefore agree with the district court 1
that the constitutional issue arose under its original jurisdiction. 2
{10} When, as in this case, the district court’s original jurisdiction is invoked in an 3
administrative appeal, the fundamental jurisdictional principles we have described, 4
together with the language of Rule 1-075(S) and Section 39-3-1.1(F), demonstrate 5
that certification may not be made to this Court. See El Castillo, 2017-NMSC-026, 6
¶ 25 (“A statute must be interpreted and applied in harmony with constitutionally 7
imposed limitations.”). Section 39-3-1.1(F) and Rule 1-075(S) permit the district 8
court, under some circumstances, to certify” to this Court “a final decision” that a 9
party has appealed to the district court, but that is “undecided by that court,” 10
provided that the matter “involves an issue of substantial public interest that should 11
be decided by the Court of Appeals.” The Board explicitly determined that the 12
constitutional issue was outside its jurisdiction. In these circumstances, there was no 13
Board decision on the constitutional issue that could have been “presented for review 14
to the district court.” See Rule 1-075(S). As a result, there was no Board decision to 15
“certify” to this Court. 2 See § 39-3-1.1(F) (permitting certification of “a final 16
2Because we determine that the Board made no decision at all, we need not
resolve the parties’ dispute about whether the Board’s decision was “final.” See § 39-
3-1.1(H)(2) (describing a final decision as one that “as a practical matter resolves all
issues arising from a dispute within the jurisdiction of the agency”). We also do not
decide whether the Board correctly determined whether it had jurisdiction to decide
the constitutional question, because the question was not presented by the parties to
this appeal and, in any event, we lack jurisdiction to address it. See Schuster v. N.M.
9
decision” if the “appeal involves an issue of substantial public interest”); Rule 1- 1
075(S) (addressing the certification of a “final decision” if the “matter” or “case 2
involves an issue of substantial public interest”). Instead, there was only a claim for 3
the district court to decide, in the exercise of its original jurisdiction, in the first 4
instance. See Maso, 2004-NMCA-025, ¶ 2. We therefore hold that Rule 1-075(S) 5
and Section 39-3-1.1(F) do not permit certification to this Court of issues that arise 6
under the district court’s original jurisdiction. The district court must first exercise 7
its original jurisdiction before this Court has authority to exercise its appellate 8
jurisdiction. 9
CONCLUSION 10
{11} Having no jurisdiction, we dismiss the appeal and remand to the district court 11
for determination of the constitutional issue. See Thorton v. Gamble, 1984-NMCA- 12
093, ¶ 15, 101 N.M. 764, 688 P.2d 1268 (“If we do not have jurisdiction, we must 13
dismiss.”). 14
{12} IT IS SO ORDERED. 15
______________________________ 16
KATHERINE A. WRAY, Judge 17
Tax’n & Revenue Dep’t, 2012-NMSC-025, ¶¶ 11-19, 283 P.3d 288 (concluding that
in some circumstances, an agency has jurisdiction to determine constitutionality in
order to fulfill its statutory mandate); cf. El Castillo, 2017-NMSC-026, ¶ 7 (noting
that the parties in that case “agreed that the [b]oard did not have jurisdiction to
address the constitutional issue with regard to the statute itself” (internal quotation
marks omitted)).
1
WE CONCUR:
2 3
ZACHARY A. IVES, Judge
0
4 5
Jane Bythaler
JANE B. XOHALEM, Judge
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