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CITY OF ENGLEWOOD v. WRIGHT

No. 19714.

364 P.2d 569 (1961)

CITY OF ENGLEWOOD, a municipal corporation, and B. O. Beausang, individually and as Clerk of the said The City of Englewood, Plaintiffs in Error, v. B. B. WRIGHT, Kathryn Wright, Walter T. Powell, Virginia Wright Powell, Marlo F. Holland, Amelia Holland, and William R. Hagge, each individually as taxpayers in the City of Englewood and County of Arapahoe, and for and on behalf of themselves and all other similarly situate, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied September 18, 1961.

Attorney(s) appearing for the Case

Joseph W. Esch, Englewood, for plaintiffs in error.

Creamer & Creamer, Denver, for defendants in error.

McWILLIAMS, Justice.

The question to be resolved is whether a "license tax" imposed by the City of Englewood on any person who "rents, leases or otherwise provides" residential or commercial property is valid and constitutional. The trial court held this "license tax" to be unconstitutional and therefore "null, void and of no effect", and accordingly enjoined Englewood from enforcing the ordinance in question as it relates and pertains to the renting of residential...

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