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TELLURIDE v. SAN MIGUEL CTY. BD. OF EQUAL.

No. 95CA0816.

928 P.2d 1358 (1996)

TELLURIDE COMPANY, Petitioner-Appellant, v. SAN MIGUEL COUNTY BOARD OF EQUALIZATION, Respondent-Appellee, and Board of Assessment Appeals of the State of Colorado, Appellee.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing June 13, 1996.

Certiorari Granted January 13, 1997.

Attorney(s) appearing for the Case

Brega & Winters, P.C., Ronald S. Loser, Brian A. Magoon, Denver, for Petitioner-Appellant.

Steven J. Zwick, County Attorney, Telluride, for Respondent-Appellee.

Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Mark W. Gerganoff, Assistant Attorney General, Denver, for Appellee.

Opinion by Judge NEY.

In this property tax case, we are required to determine if a taxpayer protest of a valuation by an assessor authorizes the assessor, and thus the Board of Assessment Appeals (BAA), to raise, as well as maintain or lower, the original valuation. We conclude that a taxpayer protest does not grant such authority and therefore reverse the order entered by the BAA.

Petitioner, the Telluride Company (taxpayer), appeals from that portion of...

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