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IN RE GREENS OF PINE GLEN LTD.

No. COA00-1218.

555 S.E.2d 612 (2001)

In the Matter of Appeal of The GREENS OF PINE GLEN LTD. of the Durham County Board of Equalization and Review Regarding the Valuation of Certain Real Property for Tax Year 1997.

Court of Appeals of North Carolina.

November 20, 2001.

Attorney(s) appearing for the Case

Durham County Attorney S.C. Kitchen, by Assistant County Attorneys Kimberly M. Grantham and Curtis O. Massey, for appellee Durham County.

Parker, Poe, Adams & Bernstein, L.L.P., by Charles C. Meeker and Jason J. Kaus, Raleigh, for appellant The Greens of Pine Glen, Limited Partnership.

James B. Blackburn, III, Raleigh, amicus curiae for the North Carolina Association of County Commissioners.

Moore & Van Allen, PLLC, by Susan Ellinger, Charles H. Mercer, Jr. and Marc C. Tucker, amicus curiae for the North Carolina Low Income Housing Coalition; William D. Rowe, Raleigh, amicus curiae for the North Carolina Justice and Community Development Center.

HUNTER, Judge.

Taxpayer, The Greens of Pine Glen, Limited Partnership ("GPG"), appeals a final decision of the Property Tax Commission ("Commission") affirming appellee Durham County's ("the County") ad valorem tax valuation of GPG's property. We reverse the decision of the Commission and remand.

GPG is a 168-unit apartment complex constructed in Durham, North Carolina in 1996. The complex was built pursuant to a federal program which encourages the...

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