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PORTOFINO v. BD. OF ASSESSMENT APPEALS

No. 90CA0520.

820 P.2d 1157 (1991)

PORTOFINO CORPORATION, Petitioner-Appellant, v. BOARD OF ASSESSMENT APPEALS, State of Colorado, and Board of County Commissioners of Arapahoe County, Colorado, Respondents-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied October 10, 1991.

Attorney(s) appearing for the Case

William A. McLain, P.C., William A. McLain, Silverman & Riley, William S. Silverman, McKenna & Cuneo, Terry L. Cook, Denver, for petitioner-appellant.

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

Opinion by Judge JONES.

Petitioner, Portofino Corporation, appeals the order of the Colorado State Board of Assessment Appeals (Board) denying its petition for refund of taxes for the 1988 tax year. Petitioner's sole contention on appeal is that the Board erred in determining that Colorado's statutory tax abatement or refund provisions, as amended in 1988, were not available to it for the purpose of challenging an allegedly excessive valuation of its Arapahoe County...

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