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Bringle Family Trust v. Board of County Commissioners of Summit County

Court of Appeals of Colorado, Sixth Division

May 3, 2018

Bringle Family Trust, Petitioner-Appellant,
v.
Board of County Commissioners of Summit County, Colorado, Respondent-Appellee, and Colorado Board of Assessment Appeals, Appellee.

          Colorado Board of Assessment Appeals Case No. 68817.

         COUNSEL:

          Ryley Carlock & Applewhite, F. Brittin Clayton III, Denver, Colorado, for Petitioner-Appellant.

          Jeffrey L. Huntley, County Attorney, Franklin Celico, Assistant County Attorney, Breckenridge, Colorado, for Respondent-Appellee.

          Cynthia H. Coffman, Attorney General, Emmy A. Langley, Assistant Solicitor General, Denver, Colorado, for Appellee.

         Furman and Ashby, JJ., concur.

          OPINION

         FOX, JUDGE.

Page 616

         [¶ 1] This property tax appeal concerns two land parcels — one classified as residential and one as vacant — owned by the Bringle Family Trust (the Trust). The Trust appeals the order of the Colorado Board of Assessment Appeals (the Board) upholding one parcel's classification as vacant, rather than residential, land. Because the Board correctly determined that the Trust failed to show that the vacant parcel satisfied the contiguity requirement of section 39-1-102(14.4)(a), C.R.S. 2017, which is necessary to obtain property tax reclassification as residential land, we affirm.

          I. Background

          [¶2] The Trust owns a parcel of land in Summit County, Colorado (the residential

Page 617

         parcel). The Trust also owns a parcel of land (the subject parcel) located across a public road from the residential parcel. The road between the Trust's parcels is a public right-of-way maintained by the Bills Ranch Subdivision Association. The parcels, depicted below, are platted lots in the Bills Ranch Subdivision.

         (Image Omitted)

          [¶3] Charles Bringle is the owner representative of the Trust. Bringle's parents purchased separate, adjacent parcels of land — that now constitute the subject parcel — during the 1950s. Bringle's parents built a home and an outhouse on the subject parcel around 1951. About ten years later, Bringle's parents purchased separate, adjacent parcels that now comprise the residential parcel. Around 1962, Bringle's parents moved the house — but not the outhouse — from the subject parcel to the residential parcel in order to make additions to the house. In 1995, ...


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