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CITY OF BOULDER v. REGENTS OF UNIVERSITY OF COLO.

No. 25503.

501 P.2d 123 (1972)

CITY OF BOULDER, Colorado, a municipal corporation, Plaintiff-Appellant, v. The REGENTS OF the UNIVERSITY OF COLORADO, a body corporate, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 10, 1972.

Attorney(s) appearing for the Case

Walter L. Wagenhals, City Atty., Gilbert M. Sackheim, Asst. City Atty., Boulder, for plaintiff-appellant.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., John P. Holloway, Asst. Atty. Gen., Denver, for defendant-appellee.

Kenneth G. Bueche, Wheat Ridge, for Colorado Municipal League as amicus curiae.

GROVES, Justice.

This action against the Regents involves an ordinance of the City of Boulder which provides for an admissions tax upon charges made to attend public events. Boulder sought a declaratory judgment and asked for judgment for past taxes. The trial court held the ordinance to be valid but, as applied to events held under the auspices of the University of Colorado, the defendant Regents of the University could not be compelled to collect the tax. We affirm...

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