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TIVOLINO TELLER HOUSE, INC. v. FAGAN

No. 95SA283.

926 P.2d 1208 (1996)

TIVOLINO TELLER HOUSE, INC., Plaintiff-Appellant, v. Renny FAGAN, in his capacity as the Executive Director of the Colorado Department of Revenue; Colorado Limited Gaming Control Commission; and the State of Colorado Department of Revenue, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 25, 1996.

Attorney(s) appearing for the Case

Lentz, Evans and King, P.C., Robert A. Wherry, Jr., Thomas E. McCarty, Denver, for Plaintiff-Appellant.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Maurice Knaizer, Deputy Attorney General, Larry A. Williams, First Assistant Attorney General, Thomas D. Fears, Assistant Attorney General, General Legal Services Section, Denver, for Defendants-Appellees.

Justice MULLARKEY delivered the Opinion of the Court.

On joint motion of plaintiff-appellant, Tivolino Teller House, Inc. (Tivolino) and the defendants, Executive Director of Revenue, Renny Fagan, the Colorado Limited Gaming Control Commission, and the Colorado Department of Revenue (collectively described as the Department), the court of appeals certified this appeal to the Supreme Court pursuant to section 13-4-109, 6A C.R.S. (1987), and we accepted jurisdiction...

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