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CITY OF TUCSON v. TUCSON HOTEL EQUITY

No. 1 CA-TX 99-0016.

2 P.3d 110 (2000)

196 Ariz. 551

CITY OF TUCSON, a municipal corporation, Plaintiff-Appellee, v. TUCSON HOTEL EQUITY LIMITED PARTNERSHIP, dba Doubletree Inn, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department T.

April 25, 2000.

Attorney(s) appearing for the Case

Daniel T. Garrett LLC By Daniel T. Garrett, Mesa, Attorneys for Defendant-Appellant

Thomas J. Berning, City Attorney By David Deibel, Senior Assistant City Attorney, Tucson, Attorneys for Plaintiff-Appellee.

OPINION

GERBER, Judge

¶ 1 Tucson Hotel Equity Limited Partnership dba Doubletree Inn (Doubletree) appeals from summary judgment for the City of Tucson (City) on Doubletree's claim to recover refunds of the City's business privilege taxes under the telecommunications and transient rental classifications. The appeal presents these issues:

1. Whether Doubletree was entitled to refunds of excess taxes paid on receipts from facsimile services mistakenly...

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