Opinion by Judge CRISWELL.
The Colorado Department of Revenue (department) appeals from the summary judgment entered by the district court in de novo review proceedings pursuant to § 39-21-105, C.R.S.1998, instituted by Durango & Silverton Narrow Gauge Railroad Co. (railroad) that reversed a determination by the department's executive director and directed that the department refund to the railroad certain sales and tourism taxes previously collected...
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