No. 13936.

122 Ariz. 505 (1979)

596 P.2d 31

ARIZONA DEPARTMENT OF REVENUE; State of Arizona Board of Tax Appeals, Division One, Appellants, v. CYPRUS-BAGDAD COPPER COMPANY, a Division of Cyprus Mines Corporation, Appellee.

Supreme Court of Arizona, In Banc.

May 31, 1979.

Attorney(s) appearing for the Case

Bruce E. Babbitt, John A. LaSota, Jr., Former Attys. Gen., Robert K. Corbin, Atty. Gen. by Mary Z. Chandler, Asst. Atty. Gen., Phoenix, for appellants.

Bilby, Shoenhair, Warnock & Dolph by David W. Richter, Michael Lacagnina, Tucson, for appellee.

STRUCKMEYER, Vice Chief Justice.

This is an appeal by the Arizona Department of Revenue and Yavapai County seeking to reverse a summary judgment entered in the Superior Court of Coconino County classifying construction work in progress at the Cyprus-Bagdad Copper Mine in Yavapai County, Arizona as Class III property for ad valorem tax purposes. Judgment reversed.

The Bagdad Copper Mine has been in operation since 1927, first as an underground copper mine,...

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