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WOODMOOR IMP. v. PROPERTY TAX ADM'R

No. 93CA1949.

895 P.2d 1087 (1994)

WOODMOOR IMPROVEMENT ASSOCIATION, and Board of Assessment Appeals, Petitioners-Appellees, v. PROPERTY TAX ADMINISTRATOR, Respondent-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied November 10, 1994.

Certiorari Denied May 22, 1995.

Attorney(s) appearing for the Case

Berniger, Berg, Rioth & Diver, P.C., Lenard D. Rioth, Colorado Springs, for petitioner-appellee Woodmoor Imp. Ass'n.

No appearance for petitioner-appellee Bd. of Assessment Appeals.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Robert C. Ripple, Asst. Atty. Gen., Denver, for respondent-appellant.

Opinion by Judge CASEBOLT.

In this property tax case, the Property Tax Administrator (Administrator) appeals an order of the Board of Assessment Appeals (BAA) granting Woodmoor Improvement Association (Woodmoor), a homeowners' association, an abatement and refund of taxes erroneously paid for the 1986, 1987, 1988, and 1989 tax years. We reverse.

In September 1992, Woodmoor filed a petition for abatement and refund of property taxes with the El Paso County...

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