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CATHOLIC HEALTH INITIATIVES v. CITY OF PUEBLO, DEPT. OF FINANCE

No. 07SC905.

207 P.3d 812 (2009)

CATHOLIC HEALTH INITIATIVES COLORADO, d/b/a Villa Pueblo Towers, Petitioner/Cross-Respondent v. CITY OF PUEBLO, Colorado, DEPARTMENT OF FINANCE; and Lara Barett as Director, Respondents/Cross-Petitioners.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 1, 2009.

Attorney(s) appearing for the Case

Mark L. Sabey, Kutak Rock LLP, Denver, Colorado, Attorney for Petitioner/Cross-Respondent.

Thomas E. Jagger, Robert P. Jagger, Pueblo, Colorado, Attorneys for Respondent/Cross-Petitioner.

Hale Friesen LLP, Peter J. Krumholz, Richard A. Westfall, Denver, Colorado, Attorneys for Amicus Curiae The Catholic Health Association of the United States.

Holme Roberts & Owen LLP, Stuart J. Lark, Colorado Springs, Colorado, Attorneys for the Amici Curiae Association of Christian Schools International, Azusa Pacific University, Bethesda Ministries, Christian Camp and Conference Association, Colorado Christian University, Compassion International, Cook Communications Ministries, Denver Rescue Mission, Focus on the Family, HCJB Global, International Students, Inc., The Catholic Foundation for the Roman Catholic Church in Northern Colorado, The Christian and Missionary Alliance, The Navigators, World Vision, Youth for Christ and YMCA of the Rockies.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

Catholic Health Initiatives Colorado ("Catholic Health"), a non-profit organization affiliated with the Roman Catholic Church, operates Villa Pueblo Towers ("Villa Pueblo"), a facility providing care and housing for the elderly in Pueblo, Colorado. The City of Pueblo audited Villa Pueblo and ultimately issued a Notice of Assessment for $22,587.68 in unpaid sales and use taxes. Catholic...

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