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CITY AND COUNTY OF DENVER v. ATHMAR PARK BLDG. CO.

No. 20165.

378 P.2d 638 (1963)

CITY AND COUNTY OF DENVER, and W. J. Shoemaker [substituted for L. M. Cooley], Robert B. Keating [substituted for Paul A. Hentzell], and Frank Southworth as the Board of County Commissioners and Board of Equalization of the City and County of Denver, and Frank Southworth as Manager of Revenue and Ex-Officio Assessor of the City and County of Denver, Plaintiffs in Error, v. ATHMAR PARK BUILDING CO., a Colorado corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied February 25, 1963.

Attorney(s) appearing for the Case

Robert S. Wham, City Atty., W. Keith Peterson, Asst. City Atty., Denver, for plaintiffs in error.

Donaldson, Hoffman & Goldstein, Denver, for defendant in error.

SUTTON, Justice.

The judgment here for review is concerned with an ad valorem tax refund granted to the defendant in error by the district court. The parties appear in reverse order of their appearance in the trial court, where the City and County of Denver was defendant and Athmar Park Building Co. was plaintiff. They will be referred to here as the city and as Athmar.

The record discloses that Athmar purchased the property in question in 1954 and subsequently...

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