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DOUGLAS CTY. BD. v. FIDELITY CASTLE PINES

Nos. 94SC8, 94SC19.

890 P.2d 119 (1995)

DOUGLAS COUNTY BOARD OF EQUALIZATION, Petitioner, v. FIDELITY CASTLE PINES, LTD.; Colorado Castle Pines Realty, Inc.; Castle Pines Fidelity Associates Limited Partnership; and Board of Assessment Appeals of the State of Colorado, Respondents. DOUGLAS COUNTY BOARD OF EQUALIZATION, Petitioner, v. ROXBOROUGH VILLAGE JOINT VENTURE— ROXBOROUGH ACQUISITION CORPORATION, and Board of Assessment Appeals of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

February 21, 1995.

Attorney(s) appearing for the Case

Office of the County Attorney, Douglas County, Colorado, Thomas W. McNish, Asst. County Atty., Castle Rock, for petitioner in Nos. 94SC8 and 94SC19.

Barry J. Goldstein, Denver, for respondents Fidelity Castle Pines, Ltd., Colorado Castle Pines Realty, Inc. and Castle Pines Fidelity Associates Ltd. Partnership in No. 94SC8.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Maurice G. Knaizer, Deputy Atty. Gen., Larry A. Williams, First Asst. Atty. Gen., General Legal Services Section, Denver, for respondent Bd. of Assessment Appeals of State of Colorado in Nos. 94SC8 and 94SC19.

Barry J. Goldstein, Denver, for respondent Roxborough Village Joint Venture—Roxborough Acquisition Corp. in No. 94SC19.

Justice LOHR delivered the Opinion of the Court.

We granted certiorari to review two decisions of the Colorado Court of Appeals that present a common issue as to the manner of valuing vacant land for property tax assessment purposes. The issue is whether section 39-1-103(14)(b), 16B C.R.S. (1991 Supp.), prior to its amendment in 1992, required assessing officers to consider indirect costs, such as developer's profit and overhead, as part of the "cost of development...

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