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HARRIS COUNTY APPRAISAL DIST. v. WILKERSON

No. 01-94-01091-CV.

911 S.W.2d 84 (1995)

HARRIS COUNTY APPRAISAL DISTRICT, Appellant v. James H. WILKERSON, Trustee, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Dissenting Opinion November 9, 1995.

Rehearing Overruled November 9, 1995.

Attorney(s) appearing for the Case

Robert P. McConnell and Mario L. Dell'Osso, Houston, for appellant.

Don Weitinger, Houston, for appellee.

Before OLIVER-PARROTT, C.J., and O'CONNOR and TAFT, JJ.

OPINION

O'CONNOR, Justice.

This case presents the question whether the land on which a golf course sits is a forest for purposes of a timber tax evaluation under the Tax Code. We hold it is not.

At trial, James H. Wilkerson argued he was entitled to carve out fairways, greens, and a pro-shop from the forest and evaluate the rest of the forest as timberland. The Harris County Appraisal District disagreed, arguing the golf course and the land on which...

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