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ABCO ENTERPRISES v. UTAH STATE TAX COM'N

No. 20070429.

211 P.3d 382 (2009)

2009 UT 36

ABCO ENTERPRISES, Petitioner, v. UTAH STATE TAX COMMISSION; Board of Equalization of Weber County, State of Utah, Respondents.

Supreme Court of Utah.

Rehearing Denied June 12, 2009.

Attorney(s) appearing for the Case

Randall K. Spencer, Provo, for petitioner.

Mark L. Shurtleff, Att'y Gen., Bradley C. Johnson, Asst. Att'y Gen., Salt Lake City, for Tax Commission.

Monette Hurtado, Ogden, for Board of Equalization.

AMENDED OPINION*

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 As part of a land exchange agreement with Ogden City, ABCO Enterprises (ABCO) occupied and used for several years two parcels of property owned by Ogden City. Because of Ogden City's ownership, the properties were exempt from property tax under the Utah Constitution. In spite of the exempt nature of the properties, the Weber County Board of Equalization ...

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