Atlas Corporation v. State Tax Commission

WADE, Justice:

Plaintiff Atlas Corporation appeals from a judgment of the District Court denying its request for an injunction to prohibit the Tax Commission from executing certain warrants issued by it upon all the real and personal property of that corporation for the payment of ad valorem real property taxes assessed against two of its mines which had become worthless and from requiring it to personally furnish security for the payment of such taxes upon those properties.

This court, in San Juan County v. Jen, Inc., 1 held that the ad valorem tax against a mining property is not essentially…