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WELBY GARDENS CO. v. COUNTY

No. 01CA0307.

56 P.3d 1121 (2002)

WELBY GARDENS COMPANY, Petitioner-Appellee, and Colorado Board of Assessment Appeals, Appellee, v. ADAMS COUNTY BOARD OF EQUALIZATION, Respondent-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing May 23, 2002.

Certiorari Granted October 28, 2002.

Attorney(s) appearing for the Case

William A. McLain, P.C., William A. McLain, Denver, CO, for Petitioner-Appellee.

No Appearance for Appellee.

James D. Robinson, Adams County Attorney, Jennifer Wascak Leslie, Assistant County Attorney, Brighton, CO, for Respondent-Appellant.

Opinion by Judge KAPELKE.

In this property tax case, respondent, Adams County Board of Equalization (the County), appeals the order of the Board of Assessment Appeals (BAA) determining that certain real property owned by the taxpayer, Welby Gardens Company, should be classified and valued as agricultural land for purposes of ad valorem taxation. We reverse.

The property at issue (the Property) consists of two parcels of land in Adams County, which are primarily...

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