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E. ARAPAHOE LAND v. BD. OF ASSESSMENT

No. 89CA1817.

805 P.2d 1170 (1990)

EAST ARAPAHOE LAND COMPANY, Plaintiff-Appellee, v. BOARD OF ASSESSMENT APPEALS OF the STATE OF COLORADO; and The Board of County Commissioners of the County of Arapahoe, State of Colorado, sitting as the Arapahoe County Board of Equalization, Defendants-Appellants.

Colorado Court of Appeals, Div. C.

As Modified on Denial of Rehearing January 31, 1991.

Attorney(s) appearing for the Case

Loser, Davies, Magoon & Fitzgerald, P.C., Ronald S. Loser, Diane B. Davies, Denver, for plaintiff-appellee.

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

Peter Lawrence Vana III, Co. Atty., Richard F. Mutzebaugh, Spec. Asst. Co. Atty., Littleton, for plaintiffs-appellants The Board of County Com'rs of the County of Arapahoe and Arapahoe County Bd. of Equalization.

Opinion by Judge RULAND.

The sole issue in this appeal is the correct interpretation and application of Colo. Sess.Laws 1988, ch. 268, § 39-1-103(14) at 1281, governing valuation of vacant, non-agricultural land for purposes of general property taxation. Defendants, The Board of Assessment Appeals and the Board of County Commissioners, appeal from a judgment of the district court determining that the county assessor's office misapplied the statute in its valuation...

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