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PALMER v. BOE

No. 97CA0403.

957 P.2d 348 (1998)

John S. PALMER, Petitioner-Appellee, and Board of Assessment Appeals of the State of Colorado, Appellee, v. BOARD OF EQUALIZATION, EAGLE COUNTY, Respondent-Appellant, and Mary E. Huddleston, Property Tax Administrator, Intervenor-Appellant.

Colorado Court of Appeals, Div. V.

April 16, 1998.

Attorney(s) appearing for the Case

Lindahl Associates, P.C., Kevin B. Lindahl, Eagle, for Petitioner-Appellee.

No Appearance for Appellee.

James R. Fritze, Eagle County Attorney, Mary Joan Berenato, Special Assistant County Attorney, Vail, for Respondent-Appellant.

Gale Norton, Attorney General, Martha Allbright Phillips, Chief Deputy Attorney General, Richard Westfall, Solicitor General, Larry A. Williams, First Assistant Attorney General, Denver, for Intervenor-Appellant.

Opinion by Judge KAPELKE.

In this property tax case, respondent, the Eagle County Board of Equalization (BOE), appeals from an order of the Board of Assessment Appeals (BAA) which required it to reclassify the remaining portions of land owned by petitioner, John S. Palmer (taxpayer), as agricultural land for the 1996 tax year. We vacate the BAA's order.

At issue in this appeal is the propriety of the agricultural classification placed by the BAA on a 28.268...

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