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CENTRAL CITY OPERA HOUSE ASS'N v. CHARNES

No. 86CA0332.

743 P.2d 58 (1987)

The CENTRAL CITY OPERA HOUSE ASSOCIATION, a Colorado non-profit corporation, and the Brown Palace Hotel Associates Limited Partnership, d/b/a the Brown Palace Hotel, Plaintiffs-Appellees, v. Alan N. CHARNES, as Executive Director of the Department of Revenue of the State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied June 18, 1987.

Certiorari Granted September 8, 1987.

Attorney(s) appearing for the Case

Halaby & McCrea, Theodore S. Halaby, Thomas L. Kanan, Denver, for plaintiffs-appellees.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H.

Forman, Sol. Gen., Steven M. Bush, Asst. Atty. Gen., Denver, for defendant-appellant Alan N. Charnes.

Certiorari Granted (Charnes) September 8, 1987.

HODGES, Justice.*

Defendant, Department of Revenue, appeals a declaratory judgment by the trial court finding that plaintiffs' proposed charitable fund-raising activity involving casino-type gambling is legal. We affirm the judgment.

The plaintiff, Central City Opera House Association, sought a declaratory judgment because it wished to hold a charity fund-raising benefit at...

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