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ARAPAHOE PARTNERSHIP v. BD. OF COM'RS

No. 89CA1362.

813 P.2d 766 (1990)

ARAPAHOE PARTNERSHIP, a Colorado Partnership, Plaintiff-Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, as the County Board of Equalization, Betty Ann Dittemore, Thomas R. Eggert and Bob Brooks, as Members of the Board of County Commissioners of the County of Arapahoe and of the County Board of Equalization, and Joseph Marceny, as the Assessor of the County of Arapahoe, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied December 27, 1990.

Certiorari Denied July 29, 1991.

Attorney(s) appearing for the Case

Tallmadge, Tallmadge, Wallace & Hahn, P.C., David J. Hahn, John W. Smith, III, Cynthia A. Calkins, Denver, for plaintiff-appellant.

Peter Lawrence Vana, III, County Atty., Richard F. Mutzebaugh, Sp. Asst. County Atty., Littleton, for defendants-appellees.

Opinion by Judge JONES.

Plaintiff, Arapahoe Partnership, appeals a district court judgment determining that plaintiff's land was not a "farm" within the meaning of § 39-1-102(3.5), C.R.S. (1990 Cum.Supp.) and, thus, was not "agricultural land" for the purposes of assessment for the 1988 tax year. We affirm.

The Arapahoe County Assessor determined that the plaintiff's property did not qualify as "agricultural land." The Assessor's determination was upheld...

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