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DEPARTMENT OF REVENUE v. CITY OF AURORA

No. 00CA0535.

32 P.3d 590 (2001)

COLORADO DEPARTMENT OF REVENUE and Renny Fagan, in his official capacity as Executive Director of the Colorado Department of Revenue, Plaintiffs-Appellants, v. CITY OF AURORA, Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Certiorari Denied October 1, 2001.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Carolyn Lievers, Assistant Attorney General, Denver, CO, for Plaintiffs-Appellants.

Charles H. Richardson, Stacie Glass Evans, Michael J. Hyman, Office of the City Attorney, Aurora, CO, for Defendant-Appellee.

Opinion by JUDGE PLANK.

The Colorado Department of Revenue (Revenue) and Renny Fagan, in his official capacity as Executive Director of Revenue (Revenue Director), appeal from the summary judgment in favor of the City of Aurora (Aurora) on its appeal from the Revenue Director's final determination that Aurora was liable for state use tax on golf carts rented to the customers of Aurora's Springhill Golf Course (Springhill). We reverse and remand.

The dispositive...

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