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AD TWO, INC. v. CITY AND COUNTY OF DENVER

No. 97CA1474.

983 P.2d 128 (1999)

AD TWO, INC. d/b/a The Coffee Beanery; Airport Concessions, Inc.; Airport Services, Inc. d/b/a Quizno's and Peaberry Coffee; GRD & D, Inc. d/b/a Boyers Gourmet Coffees; Laura De Varona d/b/a Varona Imports (Colorado Colors); Dick & Jane Pizza, Inc. d/b/a Domino's Pizza; First Class Baggage Co., f/k/a Golden Eel Import Co. of Colorado; Kellen Industries, Inc. d/b/a Rocky Mountain Chocolate Factory; Kellen Industries, Inc. d/b/a The Studio; Danny A. Lopez, III d/b/a Roger's Top Cone; Mission Yogurt, Inc. d/b/a Penguin's Harvest Express; The Three Chocolatiers, Inc. d/b/a Stephany's Chocolates; Trugoy, Inc. d/b/a TCBY Yogurt; Susan Vale, Inc.; and Lauren K. Wahlstrom d/b/a Colorado Collection, Plaintiffs-Appellants, v. The CITY AND COUNTY OF DENVER, by and through the Manager of Aviation; and James C. DeLong, Manager of Aviation, City and County of Denver, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied March 4, 1999.

Certiorari Granted September 13, 1999.

Attorney(s) appearing for the Case

Hochstadt, Straw & Strauss, P.C., Richard S. Strauss, Denver, Colorado, for Plaintiffs-Appellants.

Daniel E. Muse, City Attorney, Helen Eckardt Raabe, Assistant City Attorney, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge MARQUEZ.

Pursuant to C.R.C.P. 106(a)(4), plaintiffs, concessionaires at Denver International Airport (DIA), seek review of an order affirming a determination by a hearing officer that their Concession Agreements (agreements) with the City and County of Denver (City) required them to retain an independent certified public accountant (CPA) to issue an opinion as to the accuracy of their revenue statements. We affirm.

In 1993 and 1994, plaintiffs...

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