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VAIL ASSOC. v. BD. OF ASSESSMENT APPEALS

Nos. 86CA0496, 86CA1598 and 87CA1760.

765 P.2d 593 (1988)

VAIL ASSOCIATES, INC., Plaintiff-Appellant, v. The BOARD OF ASSESSMENT APPEALS OF the STATE OF COLORADO, Henry F. Shriver, and F. William Beier; the Board of County Commissioners of the County of Eagle; the Eagle County Board of Equalization, Dave Mott, Dan Williams and Keith Troxel; and Ella Bindley, County Assessor of the County of Eagle, Defendants-Appellees. VAIL ASSOCIATES, INC., Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF EAGLE; the Eagle County Board of Equalization; and Ella Bindley, County Assessor of the County of Eagle, Defendants-Appellees. VAIL ASSOCIATES, INC., Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF EAGLE; the Eagle County Board of Equalization; and G.J. "Jody" Caruthers, County Assessor of the County of Eagle, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 30, 1988.

Certiorari Denied December 12, 1988.

Attorney(s) appearing for the Case

Holme, Roberts & Owen, Lawrence L. Levin, J. Greg Whitehair, Englewood, for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Larry A. Williams, Asst. Atty. Gen., Denver, for defendant-appellee The Bd. of Assessment Appeals of the State of Colo.

Eagle County Attorney's Office, James R. Fritze, Eagle Co. Atty., Eagle, for defendants-appellees The Bd. of County Com'rs of Eagle County, The Eagle County Bd. of Equalization, and the County Assessor of Eagle County.

TURSI, Judge.

Plaintiff, Vail Associates, Inc., appeals the decision of the district court affirming the actions of the State Board of Assessment Appeals and the Eagle County Board of Equalization holding that certain property owned by the plaintiff in Eagle County was not "residential real property" and, therefore, erred in upholding the rulings that the property was properly valued for assessment at a taxable rate of 29 percent of actual value rather than 21 percent...

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