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COLORADO SPRINGS v. INV. HOTEL PROPERTIES

No. 89SC361.

806 P.2d 375 (1991)

The CITY OF COLORADO SPRINGS; J.H.B. Wilson, Director of Finance for the City of Colorado Springs, Petitioners, v. INVESTMENT HOTEL PROPERTIES, LTD., Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 18, 1991.

Attorney(s) appearing for the Case

James G. Colvin, II, City Atty., Walter S. Rouse, Asst. City Atty., M. Allen Ziegler, Jr., Chief Corporate Atty., Colorado Springs, for petitioners.

Holme Roberts & Owen, R. Bruce Johnson, Brent E. Rychener, Colorado Springs, for respondent.

Geoffrey T. Wilson, Denver, for amicus curiae, Colorado Mun. League.

Gale A. Norton, Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Steven M. Bush, Asst. Atty. Gen., Denver, for amicus curiae, Dept. of Revenue, State of Colo.

Justice KIRSHBAUM delivered the Opinion of the Court.

In Investment Hotel Properties, Ltd. v. City of Colorado Springs, 781 P.2d 113 (Colo.App.1989), the Court of Appeals held that purchase of certain items of tangible personal property by respondent Investment Hotel Properties, Ltd. (Investment Ltd.) were wholesale purchases for taxable resale as defined by the Code of the City of Colorado Springs, as amended (the Code), and...

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