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BD. OF EQUALIZATION v. UTAH STATE TAX

No. 910256.

846 P.2d 1292 (1993)

BOARD OF EQUALIZATION OF SALT LAKE COUNTY, State of Utah, Petitioner, v. UTAH STATE TAX COMMISSION EX REL. Thomas E. and Mary Lu E. JUDD, Respondents.

Supreme Court of Utah.

January 20, 1993.

Attorney(s) appearing for the Case

R. Paul Van Dam, Salt Lake City, for State of Utah.

Brian L. Tarbet, Salt Lake City, for Utah State Tax Com'n.

David E. Yocum, Bill Thomas Peters, Salt Lake City, for Salt Lake County.

Kent Winterholler, Julia C. Attwood, Salt Lake City, for Judds.

ZIMMERMAN, Justice:

The Board of Equalization of Salt Lake County appeals from a May 8, 1991, order of the Utah State Tax Commission. The Commission found that certain real property owned by Thomas E. and Mary Lu E. Judd qualified for assessment under the Farmland Assessment Act ("FAA"). Utah Code Ann. §§ 59-2-501 to -515. The Board of Equalization argues, inter alia, that the Commission erred in allowing the subject property to qualify for assessment under...

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