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KENNA v. HUBER

No. 06CA0608.

179 P.3d 189 (2007)

Matthew KENNA, Janet Kenna, Pete Skartvedt, and Ann Rilling, Plaintiffs-Appellees, v. Roxy HUBER, Executive Director of the Department of Revenue, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Certiorari Granted January 22, 2008.

Attorney(s) appearing for the Case

Matthew Kenna, Durango, Colorado, for Plaintiffs-Appellees.

John W. Suthers, Attorney General, Ana C. Bowman, Assistant Attorney General, Denver, Colorado, for Defendant-Appellant.

Nicholls Nicholls Biles & Bower, LLC, Jon S. Nicholls, Jill A. Curry, Denver, Colorado, for Amici Curiae Conservatorship Estate of Mirian S. Ling and Bandt Limited Partnership.

Opinion by Judge GRAHAM.

In this tax assessment case, defendant, Roxy Huber, Executive Director of the Colorado Department of Revenue (the Department), appeals the district court's summary judgment in favor of plaintiffs, Matthew and Janet Kenna, Pete Skartvedt, and Ann Rilling (collectively, the Taxpayers). We vacate the judgment and remand for further proceedings.

Plaintiffs Pete Skartvedt and Ann Rilling are husband and wife, as are plaintiffs Matthew and...

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