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1997-07-09_GENERAL DOCUMENTS - C1981017
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1997-07-09_GENERAL DOCUMENTS - C1981017
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Last modified
2/27/2021 7:11:38 PM
Creation date
5/2/2012 12:32:16 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
7/9/1997
Doc Name
Amended Answer & Counterclaims
From
District Court County of Pitkin
To
DMG
Permit Index Doc Type
General Correspondence
Media Type
D
Archive
No
Tags
DRMS Re-OCR
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Signifies Re-OCR Process Performed
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County ad mlorem Tax Assessment Schedule No. 18-07866) (see Answer Exhibit 3 p. 7) <br /> collapsed under the weight of winter snow.This improvement, a metal building formerly <br /> known and used as the"Morrison-Knudsen Company truck shop"and subsequently as the <br /> "Eimco shop",was demolished by its collapse. <br /> 125. According to a summary sheet prepared by the Pitkin County Treasurer,in <br /> February 1993 Pitkin County transferred this demolished improvement and its"value"from <br /> Tax Assessment Schedule No. 18-07866 to Tax Assessment Schedule No. 18-07863 and <br /> continued to assess it. <br /> 126. Any assessments following collapse of this building are manifestly improper, <br /> illegal and s-hould be declared by the Court to be uncollectible in whole or in part. <br /> Thirteenth Affirmative Defense <br /> (Invalidity of Tax Assessment Schedule No. R007863) <br /> 127. For an affirmative defense to certain of the allegations of Plaintiff <br /> complaint,Defendants reallege the allegations in paragraphs 49-99 above and further state: <br /> 128. Plaintiffs'separate assessment of mining"improvements"in Tax Assessment <br /> Schedule No.R007863(aka 18-07863)on patented lands owned by MCR was improper,the <br /> taxes invalid, and ad valorem tax assessments under that schedule are uncollectible. <br /> Fourteenth Affirmative Defense <br /> (Improper Collection of <br /> Tax Assessment Schedule No. R007863) <br /> 129. For an affirmative defense to certain of the allegations of Plaintiffs' <br /> complaint,Defendants reallege the allegations in paragraphs 49-99 above and further state: <br /> 130. Because the "improvements" that are the subject matter of No. R007863 <br /> have been severed from the real property to which they were formerly appurtenant and <br /> salvage,sold,or substantially scrapped and otherwise disposed of Plaintiffs may not validly <br /> now seek to impose the lien for that Schedule on lands within the Prep Plant Tract(MCR <br /> Parcels 4P & 6, Answer Exhibit 3, pp. 10-12;Tax Assessment Schedules Nos. R007864, <br /> R007873 and R012487, Answer Exhibit 4 pp. 6, 8, & 13, respectively) which are separate <br /> parcels of lands and which have been separately taxed by Plaintiffs. <br /> 131. Unless enjoined or the subject of a declaratory determination by this Court, <br /> Defendants believe that Plaintiffs intend to continue to seek to impose the no longer valid <br /> lien of Tax Assessment Schedule No. R007863 upon the remaining lands in the Prep Plant <br /> Tract. <br /> WHEREFORE, having fully answered and asserted appropriate defenses to the <br /> CtvrL No.97 Cv 131-3 -24- AMENDED ANSWER&COUNTERCLAIMS <br />
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