DURBANO PROPERTIES v. UTAH STATE TAX COMM'N

No. 20210594.

529 P.3d 348 (2023)

2023 UT 6

DURBANO PROPERTIES, LC, Petitioner, v. UTAH STATE TAX COMMISSION, Respondent.

Supreme Court of Utah.

Filed May 4, 2023.


Attorney(s) appearing for the Case

Douglas M. Durbano , Richard A. Bednar , Layton, for petitioners.

Sean D. Reyes , Att'y Gen., Sarah Goldberg , Asst. Solic. Gen., Salt Lake City, for respondents.

Justice Hagen authored the opinion of the Court, in which Chief Justice Durrant, Associate Chief Justice Pearce, Justice Petersen, and Justice Pohlman joined.


INTRODUCTION

¶1 The Utah Constitution allows the legislature to enact a property tax exemption of "up to 45% of the fair market value of residential property, as defined by statute." UTAH CONST. art. XIII, § 3(2)(a)(iv). The legislature chose to enact such an exemption but limited the definition...

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