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FARNY v. BOARD OF EQUALIZATION OF DOLORES COUNTY

No. 98CA0992.

985 P.2d 106 (1999)

David H. FARNY and Sharon S. Farny, Petitioners-Appellees, Colorado State Board of Assessment Appeals, Appellee, v. BOARD OF EQUALIZATION OF DOLORES COUNTY, Respondent-Appellant.

Colorado Court of Appeals, Div. I.

July 22, 1999.

Attorney(s) appearing for the Case

Erie & Kennedy, Thomas G. Kennedy, Telluride, Colorado, for Petitioners-Appellees.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Eugene C. Cavaliere, Assistant Attorney General, Denver, Colorado, for Appellee Colorado State Board of Assessment Appeals.

Dyer & Dilts, P.C., Nancy Agro, Guy B. Dyer, Jr., Cortez, Colorado, for Respondent-Appellant.

Opinion by Judge CRISWELL.

In this property tax case, respondent, the Dolores County Board of Equalization (BOE), appeals from an order of the Board of Assessment Appeals (BAA) which changed the BOE's classification of certain real property owned by petitioners, David H. and Sharon S. Farny (taxpayers), from vacant to residential for the 1997 tax year. We affirm.

The subject property consists of a 320-acre parcel of mountain property upon which taxpayers built...

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