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DELUXE THEATRES v. CITY OF ENGLEWOOD

No. 28252.

596 P.2d 771 (1979)

DELUXE THEATRES, INC., a Colorado Corporation, Plaintiff-Appellant, v. The CITY OF ENGLEWOOD, Colorado, a Municipal Corporation, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 25, 1979.

Attorney(s) appearing for the Case

C. Henry Toy, Lakewood, for plaintiff-appellant.

Bernard V. Berardini, City Atty., Rick DeWitt, Asst. City Atty., Englewood, for defendant-appellee.

HODGES, Chief Justice.

The appellant, Deluxe Theatres, Inc., brought an action in the trial court to have the City of Englewood's imposition of a three percent admissions tax declared void. Englewood, a home rule city, levied the tax on the price paid for admission to any public place or event. The tax is to be paid by the person paying the admission and collected and remitted to the city by the person who offers the entertainment. The trial court granted a summary...

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