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CITY & COUNTY OF DENVER v. FEY CONCERT CO.

No. 96SC798.

960 P.2d 657 (1998)

CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado; City and County of Denver Department of Revenue; Patricia Schwartzberg, in her capacity as Manager of Revenue; the City Council of the City and County of Denver and its members, in their capacities as Council persons; and The Honorable Wellington Webb, in his capacity as Mayor of the City and County of Denver, Petitioners, v. FEY CONCERT COMPANY, a Colorado General Partnership, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 29, 1998.

Attorney(s) appearing for the Case

Daniel E. Muse, City Attorney, City and County of Denver Maria Kayser, Assistant City Attorney Denver, for Petitioners.

Law Offices of T. Michael Carrington, P.C. Lynn C. Greene, T. Michael Carrington, Denver, for Respondent.

Justice BENDER delivered the Opinion of the Court.

This case concerns a protest by the respondent, Fey Concert Company ("Fey"), to an assessment by the Department of Revenue for Denver facilities development admissions tax ("seat tax") on tickets for a series of concerts that Fey promoted under a joint venture with the Denver Zoological Foundation ("Foundation"), an agent of the City and County of Denver ("Denver"). The court of appeals held that the party selling...

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