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DENVER CENTER FOR PERFORMING ARTS v. BRIGGS

No. 83SA146.

696 P.2d 299 (1985)

DENVER CENTER FOR THE PERFORMING ARTS, a Colorado non-profit corporation, Plaintiff-Appellant, v. Thomas P. BRIGGS, Manager of Revenue for the City and County of Denver; The Sales, Use and Occupational Tax Section of the Treasury Division of the City and County of Denver; The City and County of Denver, a Municipal Corporation; The Board of Council, City and County of Denver, and all members thereof; and Federico Pena, Mayor of the City and County of Denver, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

February 25, 1985.

Attorney(s) appearing for the Case

Robert E. Goodwin, Geer & Goodwin, P.C., Denver, Lester Ward, Predovich, Ward & Banner, Pueblo, for plaintiff-appellant.

Stephen H. Kaplan, City Atty., Donald E. Wilson, Asst. City Atty., Denver, for defendants-appellees.

DUBOFSKY, Justice.

The Denver Center for the Performing Arts (DCPA) appeals from a district court judgment upholding the Denver Manager of Revenue's decision sustaining assessment of the Facilities Development Admissions Tax (admissions tax) against the DCPA for events in the Denver Center Theatre and the Denver Center Cinema. The DCPA maintains that the collection of the tax violates its contract and lease with the City and County of Denver (Denver) and that the...

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