WALGREEN CO. v. CHARNES

No. 90SA263.

819 P.2d 1039 (1991)

WALGREEN CO., an Illinois corporation, Plaintiff-Appellee, v. Alan N. CHARNES, Manager of Revenue for the City and County of Denver, State of Colorado, and City and County of Denver, a municipal corporation, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 3, 1991.


Attorney(s) appearing for the Case

Eiberger, Stacy, Smith & Martin, Raymond W. Martin, Rodney L. Smith, Roy A. Adkins, Denver, for plaintiff-appellee.

Daniel E. Muse, City Atty., Robert F. Strenski, Asst. City Atty., Denver, for defendants-appellants.

Colorado Ass'n of Commerce and Industry, Patrick C. Boyle, Lentz, Evans and King, P.C., Robert A. Wherry, Jr., Denver, for amicus curiae Colorado Ass'n of Commerce and Industry.


Justice VOLLACK delivered the Opinion of the Court.

The City and County of Denver (Denver) appeals from a district court ruling that sections 53-56 and 53-124 of the Denver municipal code do not supersede a state statute regarding appellate procedures governing contested sales and use taxes in section 29-2-106.1, 12A C.R.S. (1986). We affirm.1

I.

On December 12, 1988, the Denver Manager of Revenue (revenue manager) issued...

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