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WEIDENHAFT v. BOARD OF COUNTY COMMISSIONERS

No. 17399.

283 P.2d 164 (1955)

Ray W. WEIDENHAFT and Joy C. Weidenhaft, Plaintiffs in Error, v. The BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EL PASO; The Colorado Tax Commission, and John R. Seaman, A. A. Hall and Howard A. Latting, as the members thereof; and Duke W. Dunbar, as the Attorney General of the State of Colorado, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 23, 1955.

Attorney(s) appearing for the Case

George M. Gibson, Colorado Springs, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank A. Wachob, Deputy Atty. Gen., for defendants in error.

CLARK, Justice.

Plaintiffs in error commenced action against the Board of County Commissioners of El Paso county to recover the entire amount of 1952 taxes levied on two separate parcels of their real estate situated in Colorado Springs, and paid by them under protest.

By their complaint plaintiffs allege that the tax assessment for the year 1952, while purporting to be that of the county assessor, actually was made by the Colorado Tax Commission (hereinafter...

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