CITY & CTY. OF DENVER v. BD. OF ASSESSMENT

No. 96SC785.

947 P.2d 1373 (1997)

CITY AND COUNTY OF DENVER, COLORADO, a municipal corporation; and Board of Equalization of the City and County of Denver, Petitioners, v. BOARD OF ASSESSMENT APPEALS OF the STATE OF COLORADO and Constellation Properties, Respondents. CITY AND COUNTY OF DENVER, COLORADO, a municipal corporation; and Board of Equalization of the City and County of Denver, Petitioners, v. BOARD OF ASSESSMENT APPEALS OF the STATE OF COLORADO and Teachers Insurance Annuity Association of America, Respondents. ARAPAHOE COUNTY BOARD OF EQUALIZATION, Petitioner, v. BOARD OF ASSESSMENT APPEALS OF the STATE OF COLORADO and the Writer Corporation, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 2, 1997.


Attorney(s) appearing for the Case

Daniel E. Muse, City Attorney, Alice J. Major, Assistant City Attorney, Denver, for Petitioner City and County of Denver.

Kathryn L. Schroeder, Arapahoe County Attorney, Richard F. Mutzebaugh, Special Assistant County Attorney, Littleton, for Petitioner Arapahoe County Board of Equalization.

Gale A. Norton, Attorney General, Martha Allbright Phillips, Chief Deputy Attorney General, Richard Westfall, Solicitor General, Paul Farley, Deputy Attorney General, Larry A. Williams, First Assistant Attorney General, Mark W. Gerganoff, Assistant Attorney General, Denver, for Respondent Board of Assessment Appeals.

Brega & Winters, P.C., Ronald S. Loser, Brian A. Magoon, Denver, for Respondents Constellation Properties and Teachers Insurance Annuity Association of America.

Susan R. Fox, Denver, for Amicus Curiae Colorado State Board of Appraisers.


Justice HOBBS delivered the Opinion of the Court.

We exercised our jurisdiction under C.A.R. 501 to consider whether the Board of Assessment Appeals (BAA) erred in allowing persons to act as "appraisers" or "expert witnesses" and present testimony in property valuation proceedings under contingent fee agreements, contrary to section 12-61-712(1)(b), 5B C.R.S. (1991 & 1996 Supp.). In the three cases before us, two from the City and...

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