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JEFFERSON BD. OF EQUALIZATION v. GERGANOFF

No. 09SC916.

241 P.3d 932 (2010)

JEFFERSON COUNTY BOARD OF EQUALIZATION, Petitioner v. Mark W. GERGANOFF, Robin E. McIntosh, and Board of Assessment Appeals, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 30, 2010.

Attorney(s) appearing for the Case

Ellen G. Wakeman , Jefferson County Attorney, Eric T. Butler , Assistant County Attorney, Golden, Colorado, Attorneys for Petitioner.

Mark W. Gerganoff , Golden, Colorado, pro se and attorney for Respondent Robin E. McIntosh.

No appearance by or on behalf of Board of Assessment Appeals.

Lance J. Ingalls , Douglas County Attorney, Kelly Dunnaway , Deputy Douglas County Attorney, Robert D. Clark , Senior Assistant County Attorney, Michelle B. Whisler , Senior Assistant County Attorney, Castle Rock, CO, Attorneys for Amicus Curiae Douglas County.

H. Lawrence Hoyt , Boulder County Attorney, Michael A. Koertje , Assistant County Attorney, Boulder, Colorado, Attorneys for Amicus Curiae Boulder County Board of Equalization.

Hoban & Feola, LLC, Robert T. Hoban, Esq. , Denver, Colorado, Attorneys for Amici Curiae Jaki Barry, Jim Butler, Dan Edwards, OPLLC, Jamie and Kim McIntosh, Jeff Quinlan, STP, and SH.

Kathryn Schroeder , Arapahoe County Attorney, George Rosenberg , Assistant County Attorney, Breena N. Meng , Assistant County Attorney, Littleton, Colorado, Attorneys for Amicus Curiae Arapahoe County Board of Equalization.

David R. Fine , City Attorney, City and County of Denver, David V. Cooke , Assistant City Attorney, Municipal Operations Section, Denver, Colorado, Attorneys for Amicus Curiae City and County of Denver.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

We granted certiorari in Gerganoff v. Board of Assessment Appeals, 222 P.3d 395 (Colo.App.2009), to decide whether, upon sustaining in part a taxpayer's appeal of a county's property valuation, the state's Board of Assessment Appeals (the "BAA" or "Board") is required to award the taxpayer his...

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