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CITY OF MARTINSVILLE v. COMM. BLVD. ASSOCS.

Record No. 040218.

604 S.E.2d 69 (2004)

268 Va. 697

CITY OF MARTINSVILLE v. COMMONWEALTH BOULEVARD ASSOCIATES, LLC.

Supreme Court of Virginia.

November 5, 2004.

Attorney(s) appearing for the Case

Eric Helms Monday, Henry, for appellant.

Robert A. Angle (Christopher B. Ashby; Troutman Sanders, on brief), Richmond, for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, LEMONS and AGEE, JJ., and RUSSELL, Senior Justice.

CHARLES S. RUSSELL, Senior Justice.

This appeal presents the question whether a taxpayer is entitled to relief under Code § 58.1-3984 for real estate taxes erroneously assessed during the interim between general reassessments. More specifically, may the taxpayer challenge an annual levy of taxes without showing that the previous general reassessment, upon which the annual levy was based, was erroneous? We answer the question in the affirmative.

The trial...

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