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CITY OF YORK v. YORK COUNTY BD. OF EQUAL.

No. S-02-500.

664 N.W.2d 456 (2003)

266 Neb. 311

CITY OF YORK, Appellant, v. YORK COUNTY BOARD OF EQUALIZATION, Appellee.

Supreme Court of Nebraska.

July 11, 2003.

Attorney(s) appearing for the Case

Charles W. Campbell, of Angle, Murphy, Valentino & Campbell, P.C., York, for appellant.

Randy R. Stoll, York County Attorney, for appellee.

William G. Blake and Shanna L. Cole, of Pierson, Fitchett, Hunzeker, Blake & Katt, Lincoln, for amicus curiae League of Nebraska Municipalities.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

Wright, J.

NATURE OF CASE

The City of York (City) owns land which is adjacent to the York Municipal Airport and is used as a solid waste landfill. The York County Board of Equalization (Board) upheld the county assessor's determination that a 44-acre parcel of the land was not being used for a public purpose and was taxable because the parcel was leased to a private party for agricultural use. The Tax Equalization and Review Commission (TERC) affirmed the...

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