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UNITED AIR v. CITY AND CTY OF DENVER

No. 97CA0151.

973 P.2d 647 (1998)

UNITED AIR LINES, INC., a Delaware corporation; and Air Wisconsin, Inc., a Wisconsin corporation, Plaintiffs-Appellants, v. CITY AND COUNTY OF DENVER, a home rule city and a Colorado municipal corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing June 25, 1998.

Certiorari Granted March 29, 1999.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, L.L.P., Pamela F. Olson, Washington, D.C., for Plaintiffs-Appellants,

Brownstein, Hyatt, Farber & Strickland, P.C., Hubert A. Farbes, Jr., Lynne M. Hufnagel, Denver, for Plaintiffs-Appellants.

Daniel E. Muse, City Attorney, Maria Kayser, Assistant City Attorney, Office of the City Attorney, Denver, for Defendant-Appellee.

Opinion by Judge TAUBMAN.

Plaintiffs, United Air Lines, Inc., and Air Wisconsin d/b/a United Express (collectively the airlines), appeal the judgment in favor of defendant, City and County of Denver, upholding the constitutionality of the Denver use tax as applied to the airlines, and the subsequent assessment of penalties imposed pursuant to Denver Revised Municipal Code (Denver Code) § 53-114(a). We disagree with the airlines' contention that the ordinance...

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