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SCOTTSDALE PRINCESS v. DEPT. OF REVENUE

No. 1 CA-TX 95-0020.

958 P.2d 15 (1997)

191 Ariz. 499

SCOTTSDALE PRINCESS PARTNERSHIP, an Arizona general partnership, Plaintiff-Appellant, Maricopa County, a political subdivision of the State of Arizona, Defendant-Appellant, v. DEPARTMENT OF REVENUE OF THE STATE OF ARIZONA, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department T.

Review Denied June 25, 1998.

Attorney(s) appearing for the Case

Helm & Kyle, Ltd. by John D. Helm, Roberta S. Livesay, Michelle L. Margolies, Tempe, for Appellant Maricopa County.

Grant Woods, Attorney General by Stephen C. Lepley, Frank Boucek, III, Assistant Attorneys General, Phoenix, for Appellee Arizona Department of Revenue.

Nearhood & Associates, P.C. by Richard D. Nearhood, James R. Nearhood, Scottsdale, for Appellant Scottsdale Princess Partnership.

OPINION

WEISBERG, Judge.

Scottsdale Princess Partnership ("SPP") appeals the Tax Court's ruling that it was not entitled to a refund for property taxes paid under protest for the tax years 1993 and 1994. Also, SPP and Maricopa County ("the County") both challenge the constitutionality of Arizona's short-lived statutory scheme for the ad valorem taxation of private taxpayers' possessory interests in lands owned by governmental entities. For the following...

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