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ESTES v. COLORADO STATE BOARD OF ASSESSMENT APPEALS

No. 89CA1294.

805 P.2d 1174 (1990)

Vernon ESTES, Petitioner-Appellant, v. The COLORADO STATE BOARD OF ASSESSMENT APPEALS and the Custer County Board of Equalization, Respondents-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied December 27, 1990.

Attorney(s) appearing for the Case

Rhett K. Dacus, P.C., Rhett K. Dacus, Aurora, for petitioner-appellant.

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 respondent-appellee The Colorado State Bd. of Assessment Appeals.

Naylor & Geisel, P.C., John R. Naylor, County Atty., Pueblo, for respondent-appellee The Custer County Bd. of Equalization.

Opinion by Judge HUME.

Plaintiff, Vernon Estes, appeals the order of the Colorado State Board of Assessment Appeals (Board) determining that plaintiff's land was not used as a "ranch" within the meaning of § 39-1-102(13.5), C.R.S. (1990 Cum.Supp.) for the 1988 tax year and, thus, was not "agricultural land" for the purposes of assessment. We reverse and remand with directions.

The pertinent facts have generally been stipulated and are not in dispute....

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