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GATES RUBBER CO. v. BD. OF EQUALIZATION

Nos. 87SC259, 87SC260.

770 P.2d 1189 (1989)

GATES RUBBER COMPANY; Honeywell Information Systems, Inc.; and Samsonite Corporation, Petitioners, v. The STATE BOARD OF EQUALIZATION OF the STATE OF COLORADO; the County Board of Equalization for the County of Adams, State of Colorado; Arapahoe County Board of Equalization; Board of Equalization of the County of Boulder, State of Colorado; John Murphy, Margaret Markey, and Robert Jenkins, In Their Official Capacities as Members of the Board of Equalization of the County of Boulder; El Paso County Board of Equalization; County Board of Equalization and the Board of County Commissioners for the County of Jefferson, State of Colorado; Larimer County Board of Equalization and the Board of County Commissioners for the County of Weld, State of Colorado; Jefferson County School District R-1; and Weld County School District RE-4; Board of Equalization of the City and County of Denver and the City and County of Denver, Respondents. ADOLPH COORS COMPANY; Coors Porcelain Company; and Coors Container Company, Petitioners, v. The STATE BOARD OF EQUALIZATION OF the STATE OF COLORADO; the County Board of Equalization for the County of Adams, State of Colorado; Arapahoe County Board of Equalization; Board of Equalization of the County of Boulder, State of Colorado; John Murphy, Margaret Markey, and Robert Jenkins, In Their Official Capacities as Members of the Board of Equalization of the County of Boulder; El Paso County Board of Equalization; County Board of Equalization and the Board of County Commissioners for the County of Jefferson, State of Colorado; Larimer County Board of Equalization and the Board of County Commissioners for the County of Larimer, State of Colorado; County Board of Equalization and the Board of County Commissioners for the County of Weld, State of Colorado; Jefferson County School District RE-1; and Weld County School District RE-4, Respondents.

Supreme Court of Colorado, En Banc.

February 21, 1989.

Attorney(s) appearing for the Case

Bradley, Campbell & Carney and Victor F. Boog, Golden, and Gorsuch, Kirgis, Campbell, Walker and Grover, Malcolm M. Murray, and Vicki J. Fowler, Denver, for petitioners.

Stephen H. Kaplan, City Atty., and Robert F. Strenski, Asst. City Atty., Denver, for respondent City and County of Denver.

Larry Vana, County Atty., and James E. Heiser, Asst. County Atty., Littleton, for respondent Arapahoe County.

Beth Whittier, County Atty., and John Franklin, Asst. County Atty., Colorado Springs, for respondent El Paso County.

Charles P. Siner and James D. Robinson, Brighton, for respondent Adams County Bd. of Equalization.

Patrick R. Mahan, County Atty. and Joanne Smith, Asst. County Atty., Golden, for respondent Jefferson County.

Isaacson, Rosenbaum, Spiegleman, Woods, Levy & Snow, P.C. and Edward T. Ramey, Denver, for State Bd. of Assessment Appeals of the State of Colo.

PER CURIAM.

We granted certiorari to determine the rate of interest a prevailing taxpayer is entitled to recover when following the protest and adjustment procedure in sections 39-5-122, 39-8-106, 39-8-108, and 39-8-109, 16B C.R.S. (1982). Following the judgment of the court of appeals in BQP Industries, Inc. v. State Board of Equalization, 694 P.2d 337 (Colo.App.1984), the Denver District Court ordered the Colorado State Board...

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