Estancia Development Associates, L.L.C. v. City of Scottsdale

OPINION

LANKFORD, Judge.

¶ 1 We hold in this appeal that the Model Tax Code, adopted as part of the Scottsdale Revised Code, does not tax sales of real property that is unimproved at the time of its sale. Accordingly, we reverse summary judgment entered by the Tax Court against Estancia Development Associates, L.L.C. (“Estancia”) and for the City of Scottsdale on Estancia’s claim for a refund of speculative builder taxes and penalties. The appeal presents these issues:

1. Did the Tax Court err in sustaining the application of the City’s speculative builder tax to sales of unimproved real…