Norby Lumber Co. v. County of Madera

Defendant county appeals from a judgment fentered on plaintiff’s complaint for refund of ad valorem property taxes on a Madera County sawmill. This action followed the findings and decision of the Madera County Board of Equalization determining the application of Norby Lumber Company, Inc., for changed assessment on the 1983-1984 assessment roll.

Facts

In 1982, the E. B. Yancey Lumber Co., Inc., a California corporation (Yancey), owned and operated a sawmill business at 31470 Avenue 12 in Madera, California. On August 18, 1982, Yancey entered into an agreement of sale of real and personal property with plaintiff Norby Lumber Company, Inc., a California corporation. Yancey agreed to sell plaintiff corporation approximately 87 acres of Madera County real property; logging machinery and equipment, log hauling machinery and equipment, sawmill machinery and equipment, and other related machinery and equipment; trucks, trailers, automobiles and other rolling stock; lumber and log inventory situated in seller’s yard; inventory and fuel and oil; Yancey’s federal timber sales contracts; and seller’s goodwill. Yancey also covenanted not to compete with plaintiff corporation for a…