SCHEIBE v. TOWN OF EAGLE

No. 97CA1977.

983 P.2d 133 (1999)

Paul SCHEIBE and Judy Scheibe, d/b/a Best Western Eagle Lodge; and Eagle Economy Lodging, L.L.C., d/b/a Holiday Inn Express, Plaintiffs-Appellants, v. TOWN OF EAGLE, a Colorado statutory town; Roxie Deane, in her capacity as Mayor of Eagle; Rick Dunford, Jean Johnson, Bill Heicher, Paul Gregg, Tom Ehrenberg, and Bruce Hasbrouck, in their capacities as members of the Board of Trustees of the Town of Eagle, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Certiorari Granted September 13, 1999.


Attorney(s) appearing for the Case

Alexander & Crabtree, P.C., C. Scott Crabtree, Stephen Fitzsimmons, Denver, Colorado, for Plaintiffs-Appellants.

Carter & Sands, P.C., Edward P. Sands, Rifle, Colorado, for Defendants-Appellees.

Michael T. McDonnell, Englewood, Colorado, Amicus Curiae for Colorado Hotel & Lodging Association.

David W. Broadwell, Denver, Colorado, Amicus Curiae for Colorado Municipal League.


Opinion by Judge RULAND.

Plaintiffs, Paul Scheibe, Judy Scheibe, and Eagle Economy Lodging, appeal from a summary judgment determining that an occupation tax imposed by defendant Town of Eagle is valid. Defendants Roxie Deane, Rick Dunford, Jean Johnson, Bill Heicher, Paul Gregg, Tom Ehrenberg, and Bruce Hasbrouck appear in their official capacities as mayor and trustees of Eagle. We reverse and remand with directions.

Eagle is a statutory town established...

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