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DENVER v. BOARD OF ASSESSMENT APPEALS

No. 89CA0305.

802 P.2d 1109 (1990)

CITY AND COUNTY OF DENVER, State of Colorado; Board of Equalization of the City and County of Denver; and Alan N. Charnes, in his official capacity as ex officio Assessor, Plaintiffs-Appellants, v. BOARD OF ASSESSMENT APPEALS OF the STATE OF COLORADO; Regis Jesuit Holding, Inc.; K-Mart Corporation; and S.S. Kresge Co., Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 10, 1990.

Certiorari Denied December 17, 1990.

Attorney(s) appearing for the Case

Stephen H. Kaplan, City Atty., Donald E. Wilson, Katharine K. DuVivier, Karen A. Aviles, Asst. City Attys., Denver, for plaintiffs-appellants.

Weiner and Schiller, P.C., Lee E. Schiller, Mark E. May, Englewood, for Regis Jesuit Holding, Inc., and S.S. Kresge Co., d/b/a K-Mart Corp.

Opinion by Judge SMITH.

This property tax case arises out of the 1987 tax year valuation for tax purposes of a K-Mart store located in the City and County of Denver. The Denver assessor used the capitalization of income approach to value based upon prevailing market value rents and vacancy rates. The owner also used the income approach based, however, on actual lease payments, and supported its opinion of value by the market data approach based on a recent comparable...

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