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WINSLOW CONST. v. DENVER

No. 97SA79.

960 P.2d 685 (1998)

WINSLOW CONSTRUCTION COMPANY, a Colorado corporation, Plaintiff-Appellee, v. CITY AND COUNTY OF DENVER, Defendant-Appellant, and Executive Director of Revenue, State of Colorado, Defendant.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 24, 1998.

Attorney(s) appearing for the Case

Holley, Albertson & Polk, P.C., George Alan Holley, Eric E. Torgersen, Golden, for Plaintiff-Appellee.

Daniel E. Muse, City Attorney, City and County of Denver, Maria Kayser, Assistant City Attorney, Robert F. Strenski, Assistant City Attorney, Denver, for Defendant-Appellant.

No Appearance by or on Behalf of Executive Director of Revenue, State of Colorado.

Krassa, Madsen & Miller, LLC, Shayne M. Madsen, Boulder, for Amicus Curiae Colorado Retail Council.

Lentz, Evans and King, P.C. Robert A. Wherry, Jr. Denver, Colorado Attorneys for Amicus Curiae Colorado Contractors.

Association, Inc. and Colorado Association of Commerce and Industry Patrick C. Boyle Denver, Colorado Attorney for Amicus Curiae Colorado Association of Commerce and Industry.

Justice HOBBS delivered the Opinion of the Court.

This case arises from a dispute over a municipal tax which the City and County of Denver (Denver) levied on self-propelled construction equipment owned and used by Winslow Construction Company (Winslow) in the performance of construction work at Denver International Airport (DIA). The Arapahoe County District Court (district court) struck down the municipal tax as an unconstitutional...

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