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BAKER v. TAX COMMISSION

No. 13312.

520 P.2d 203 (1974)

Earl M. BAKER, Salt Lake County Assessor, Plaintiff, v. TAX COMMISSION of the State of Utah et al., Defendants.

Supreme Court of Utah.

March 12, 1974.

Attorney(s) appearing for the Case

Carl J. Nemelka, Salt Lake County Atty., Richard S. Shepherd, Deputy Salt Lake County Atty., Bill Thomas Peters, Sp. Deputy County Atty., Salt Lake City, for plaintiff.

Vernon B. Romney, Atty. Gen., G. Blaine Davis, Ronald K. Fielding, Asst. Attys. Gen., Salt Lake City, for defendants.

ELLETT, Justice:

This is an original action in the nature of certiorari to review a decision of the Tax Commission of Utah, hereafter called the Commission. Only two matters of law are presented for our determination:

1. Can the Commission remove from the assessment rolls property which is exempt from taxation but which was wrongfully taxed?

2. Was the appeal from the County Board of Equalization (hereafter called the Board) timely filed?

The...

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