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KRUPP PLACE 1 v. BD. OF REVIEW OF JASPER

No. 09-0654.

801 N.W.2d 9 (2011)

KRUPP PLACE 1 CO-OP, INC. and Krupp Place 2 Co-Op, Inc., Appellees, v. BOARD OF REVIEW OF JASPER COUNTY, Iowa, Appellant.

Supreme Court of Iowa.

July 29, 2011.

Attorney(s) appearing for the Case

Michael K. Jacobsen , County Attorney, and James W. Cleverley, Jr. , Assistant County Attorney, for appellant.

James E. Nervig of Brick, Gentry, Bowers, Swartz & Levis, P.C., West Des Moines , and Craig R. Hastings of Hastings, Gartin & Boettger, LLP, Ames, for appellee.

Eleanor M. Dilkes , City Attorney, and Eric R. Goers , Assistant City Attorney, for amicus curiae City of Iowa City, and Terrence L. Timmins , General Counsel, for amicus curiae Iowa League of Cities.

ZAGER, Justice.

In this case, we are presented with an appeal of the district court's decision to classify two multiunit apartment buildings as "residential cooperatives" entitling the properties to be taxed at residential, rather than commercial, property tax rates. The Board of Review of Jasper County appeals, contending the two properties are cooperatives in form only and should be classified as commercial property for purposes of property taxation. The court of...

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