HomeMy WebLinkAbout911410.tiff c
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DISTRICT COURT. WELD COUNTY , COLORADO l
CASE NO. 91 CV 676 Div/€lRy4 1
IC SUMMONS 1: �, -
EASTMAN KODAK COMPANY, WELD COUNTY BOARD OF EQUALIZATION,
v. GORDON E. LACY, GEORGE KENNEDY,
CONSTANCE L. HARBERT, C. W. KIRBY,
Plaintiff W. H. WEBSTER & WARREN LASELL Defendant
The People of the State of Colorado
To the Defendanbs)named above: WELD COUNTY BOARD OF EQUALIZATION
You are summoned and required to file with the clerk of this court an answer or other response to the attached
complaint within twenty 120) days after this summons is served on you in the State of Colorado, or within thirty
(30) days after this summons is served on you outside the State of Colorado.
If you fail to file your answer or other response to the complaint in writing within the applicable time period.
judement by default may be entered against you by the court for the relief demanded in the complaint, without
any further nonce to you.
The followine documents are also served with this summons:
September 4, 1991 C__ cr2
Date: P
bienatare or -• ea, .,rPalau0 "Thera. Rpm.Clerk;_Ceu(
I(Dined br arcurnea. Name-_Dare...vi a elox
Ll pea _
Ala Poe, #7641
Hol and & Hart
4601 DTC Boulevard, Suite 1050
This summons is issued pursuant to Rule 4, CRCP, as amended. Denver, Colorado 80237
A copy of the complaint must be served with this summons. (303) 290-1600
RETURN OF SERVICE
State of
Counts- of
I declare under oath that 1 served this summons and a copy of the complaint in this case on
in County
on at at the following location:
Pate
_ b} handine it to a person identified to me as the defendant.
_ by leaving it with the defendant who refused service.
_ by leaving it with designated to receive service for the defendant.
_ I am over the age of 18 years and am not interested in nor a party to this case.
_ I attempted to serve the defendant on occasions but have not been able to locate the defendant.
Return to the plaintiff is made on
Date
Subscribed and sworn to before me this day of . 19
in County. State of
Notary Public* Date
IA'S61° _ Private process server
_l Sheriff. County
r41-1
, Service 5
V Mileage S _ --
"ti'UfdC\ .nnuld rnelude addren and expiration date of commtssion
(A Ar;V Na. 1950. Rev. 3-87. Sr vMONS 1N CIVIL 9CTIOh Bmdtord Publ b ..',Cc w b ec L_k ,aa.CO NO_u toy Pr.b4➢)
R 1141C
DISTRICT COURT, WELD COUNTY, COLORADO
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Case No. � :
COMPLAINT
EASTMAN KODAK COMPANY,
Plaintiff,
vs.
WELD COUNTY BOARD OF EQUALIZATION;
GORDON E. LACY, GEORGE KENNEDY, CONSTANCE L. HARBERT,
C. W. KIRBY, and W. H. WEBSTER, in their official
capacity as members of the Weld County Board of
Equalization; and WARREN LASELL, in his official
capacity as the Weld County Assessor,
Defendants.
Plaintiff Eastman Kodak Company ("Taxpayer") , for its
Complaint against defendants, alleges as follows:
GENERAL ALLEGATIONS AND CLAIMS FOR RELIEF
1. Taxpayer is a New Jersey corporation, which is
authorized to do business in the State of Colorado.
2 . Defendant Weld County Board of Equalization (the
"Board") is a statutory body created pursuant to Section
39-8-101, 16B C.R. S. (1982) , which is required to review
assessments made by the Assessor of Weld County. Section
39-8-102 , 16B C.R. S. (1982) .
3 . Defendants Gordon E. Lacy, George Kennedy, Constance L.
Harbert, C. W. Kirby, and W. H. Webster are the current members
of the Board by virtue of their status as members of the Weld
County Board of County Commissioners.
4 . Defendant Warren Lasell (the "Assessor") is the current
Assessor of Weld County, Colorado.
5 . Taxpayer is the owner of certain land and real property
improvements which comprise an industrial manufacturing facility
commonly known as Kodak Colorado Division (the "Plant") . The
Plant is located near Windsor, in Weld County, Colorado.
6. For 1991 property tax purposes, the Assessor assigned
an actual value of $89, 744, 767 to the real property comprising
the Plant.
7. Pursuant to Section 39-5-122 (2) , 168 C.R. S. ( 1990) ,
Taxpayer timely protested the Assessor' s valuation of the real
property comprising the Plant for tax year 1991. The Assessor
denied Taxpayer' s Protest.
8 . Taxpayer filed a timely Petition appealing to the Board
the Assessor's denial of Taxpayer 's Protest, pursuant to Section
39-8-106, 16B C.R.S. (1982 and 1990) .
9 . After a hearing, the Board denied Taxpayer' s appeal . A
copy of the Board's decision is attached to this Complaint.
10. The actual value assigned to the real property
comprising the Plant by the Assessor and affirmed by the Board
for tax year 1991 is excessive.
11. The actual value of the real property comprising the
Plant for 1991 property tax purposes is no more than $62 , 500, 000 .
12 . Pursuant to Section 39-8-108 (1) , 16B C.R. S. (1990) ,
Taxpayer is entitled to appeal the decision of the Board to this
Court for a trial de novo to determine the actual value of the
real property comprising the Plant for 1991 property tax
purposes.
13 . This Complaint is being filed within 30 days after the
mailing of the Board's decision, pursuant to Section 39-8-108 (1) ,
16B C.R.S. (1990) .
14 . By pursuing its appeal to the Board, Taxpayer has
exhausted its administrative remedies.
15 . Venue is proper under Section 39-8-108 (1) , 16B C.R. S.
(1990) .
WHEREFORE, Taxpayer respectfully requests that this Court
grant the following relief:
1. Conduct a trial de novo to review the value assigned to
the real property comprising the Plant for 1991 property tax
purposes;
2 . Reverse the Board' s denial of Taxpayer's appeal and
order that the actual value of the real property comprising the
Plant for tax year 1991 be reduced to an amount to be shown at
trial, not to exceed $62 , 500, 000; and
3 . Grant Taxpayer such other relief as the Court may deem
appropriate, including an award of costs and attorneys ' fees.
2
Dated: August 30, 1991.
Respectfully submitted,
ez-,
Ala Poe, 7641
Mar D. Metzger, #13779
HOLLAND & HART
4601 DTC Boulevard, Suite 1050
Denver, Colorado 80237
Telephone: (303) 290-1600
ATTORNEYS FOR PLAINTIFF
EASTMAN KODAK COMPANY
Address of Plaintiff:
Eastman Kodak Company
Attn: Mr. David Finnman
Property Tax Manager
343 State Street
Rochester, NY 14650-0904
A POE 11825 3
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