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TRI-HAVANA LTD. LIABILITY CO. v. BOE

No. 97CA0528.

961 P.2d 604 (1998)

TRI-HAVANA LIMITED LIABILITY COMPANY, Petitioner-Appellee, and The Colorado Board of Assessment Appeals, Appellee, v. ARAPAHOE COUNTY BOARD OF EQUALIZATION, Respondent-Appellant.

Colorado Court of Appeals, Div. V.

June 25, 1998.

Attorney(s) appearing for the Case

Herbert Buchwald, P.A., Herbert Buchwald, Denver, for Petitioner-Appellee.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Mark W. Gerganoff, Assistant Attorney General, Denver, for Appellee.

Kathryn L. Schroeder, Arapahoe County Attorney, Ronald A. Carl, Assistant County Attorney, Littleton, for Respondent-Appellant.

Opinion by Judge ROY.

In this property tax case, respondent, the Arapahoe County Board of Equalization (BOE), appeals from an order of the Board of Assessment Appeals (BAA) denying its motion to dismiss as untimely the appeal filed by petitioner, Tri-Havana Limited Liability Company (taxpayer). We vacate the BAA's order and remand for the dismissal of taxpayer's administrative appeal.

At a hearing held on the timeliness issues, it was undisputed that taxpayer...

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