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HCA-HEALTHONE, LLC v. CITY OF LONE TREE

No. 07CA1446.

197 P.3d 236 (2008)

HCA-HEALTHONE, LLC, d/b/a Sky Ridge Medical Center, Plaintiff-Appellee, v. CITY OF LONE TREE, Colorado, and Jack Hidahl, in his official capacity as the manager of the City of Lone Tree, Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. VI.

October 2, 2008.

Attorney(s) appearing for the Case

Silverstein & Pomerantz, LLP, Neil I. Pomerantz, Robert R. Gunning, Denver, Colorado, for Plaintiff-Appellee.

Icenogle, Norton, Smith, Blieszner, Gilida & Pogue, P.C., Charles E. Norton, J. Michael Keane, Denver, Colorado, for Defendants-Appellants.

Opinion by Judge BERNARD.

In this action for a refund of municipal use tax payments, defendants, the City of Lone Tree (the City) and its manager, appeal the district court's order granting summary judgment for plaintiff, HCA-Healthone, LLC (HCA). We affirm, and we remand to the district court to determine whether attorney fees and costs on appeal should be awarded to HCA.

I. Background

A. History of the City's Use Tax

The City was incorporated...

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