Legal Opinion · Dissent

Board of County Commissioners v. Vail Associates, Inc.

Supreme Court of Colorado

Decided February 26, 2001No. Nos. 988C869, 998C126Published

1DissentJustice Kourlis

The Majority concludes that the General Assembly's decision not to impose a property tax on possessory interests in federal recreational leases is unconstitutional. Initially, the majority reads the applicable statutes, as *1281interpreted in Mesa Verde Co. v. Montezuma County Board of Equalization, 898 P.2d 1 (Colo.1995) (Mesa Verde III ), to compel the inclusion of possessory interests in "real property" for purposes of taxation, despite the specific statute that exeludes those interests from the definition of real property. Additionally, the majority states that because all tax exemptions must…

2Cases cited20 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Huddleston v. Grand County Board of EqualizationSupreme Court of Colorado · 1996
  3. People v. JanousekSupreme Court of Colorado · 1994
  4. Ames v. People ex rel. TempleSupreme Court of Colorado · 1899
  5. Bayer v. Crested Butte Mountain Resort, Inc.Supreme Court of Colorado · 1998

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