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DOVE VALLEY BUS. PARK v. COUNTY COM'RS

No. 96SC101.

945 P.2d 395 (1997)

DOVE VALLEY BUSINESS PARK ASSOCIATES, LTD., a Colorado limited partnership; Abacus Group Realty Holding Company II, a Delaware corporation, as successor by merger to Diversified Land Holdings, Inc., a Delaware corporation; Havana Street, Ltd., a Colorado limited partnership; Gullwing Acres Limited Liability Co., a Wyoming limited liability company; and Colorado National Bank, a federally chartered bank, as successor by merger to Bank Western, federal savings bank, Petitioners, v. The BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO; and Adrian B. "Bernie" Ciazza, Treasurer, Arapahoe County, Colorado, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 20, 1997.

Attorney(s) appearing for the Case

The Law Offices of Bennett S. Aisenberg, P.C., Bennett S. Aisenberg, H. Paul Himes, Jr., Barry J. Goldstein, Denver, for Petitioners.

Kathryn L. Schroeder, County Attorney, Arapahoe County, Richard F. Mutzebaugh, Assistant County Attorney, for Respondents.

Wilcox & Ogden, P.C., Ralph Ogden, Denver, for Amici Curiae, The Colorado Union of Taxpayers and The Colorado Trial Lawyers Association.

Justice BENDER delivered the Opinion of the Court.

In this property tax case, the respondents, the Arapahoe County Board of Commissioners (the county) and the Treasurer of Arapahoe County (the treasurer), refused to return the redemption interest paid by the petitioners (the taxpayers) on that portion of the taxpayers' real property taxes which was determined to be excessive and was refunded as a result of later protest and abatement proceedings. The taxpayers sued...

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