Traer Creek-EXWMT LLC v. Eagle County Board of Equalization

Excerpt

Property Tax Valuation—Standing—Fee Owner. Traer Creek-EXWMT LLC (Traer) is a lessee of a commercial building on Tract B. Under a "Declaration of Easements," Traer is contractually obligated to pay the property taxes "directly to the appropriate taxing authorities." But since Traer assumed the lease, the owner has made those payments and Traer has reimbursed the owner. Traer (but not the owner) initiated the statutory protest and adjustment process to challenge the 2015 valuation of Tract B, and the assessor declined to adjust the valuation. Traer appealed the notice of determination to the Eagle County Board of Equalization (Board), which upheld the valuation. Traer then appealed the Board's decision to the district court, which dismissed the case based on lack of standing. On appeal, Traer contended that the district court erred in ruling that it did not have statutory or common law standing to object to and protest a valuation. The fee owner is the only party given statutory standing to object to and protest the assessor's valuation of real property in fee. Traer's contention that he has common law standing fails because when a statute limits standing, a court cannot disregard that limitation by employing notions of common law standing. Traer also argued that the court improperly adopted the Board's factual assertions concerning the amount of Traer's leased space and his tax liability to the owner. The Court determined that these assertions are irrelevant to the standing issue, so any error as to those facts is harmless. The judgment was affirmed.