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C.A. STAACK v. BD. OF COUNTY COM'RS

No. 89CA1249.

802 P.2d 1191 (1990)

C.A. STAACK PARTNERSHIP, a Colorado partnership, and Gary Cooper, Plaintiffs-Appellants, 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 Member 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.

November 23, 1990.

Attorney(s) appearing for the Case

Tallmadge, Tallmadge, Wallace & Hahn, P.C., David J. Hahn, John W. Smith III, Denver, for plaintiffs-appellants.

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

Opinion by Judge HUME.

Plaintiffs, C.A. Staack Partnership and Gary Cooper, appeal a district court judgment affirming the Arapahoe County Board of Equalization's determination that under Colo. Sess. Laws 1983, ch. 426, § 39-1-102(1.6)(a) at 1486, plaintiffs' land was not "agricultural" for purposes of assessment. We reverse and remand with directions.

Plaintiff C.A. Staack Partnership owns a 20-acre parcel of land and plaintiff Cooper owns a non-contiguous...

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