ASPHALT SPECIALT. v. CITY OF COMMERCE CITY

No. 08CA2120.

218 P.3d 741 (2009)

ASPHALT SPECIALTIES, CO., INC., Plaintiff-Appellant, v. CITY OF COMMERCE CITY, Colorado, and Roger Tinklenberg, in his official capacity as Director of Finance, City of Commerce City, Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

September 3, 2009.


Attorney(s) appearing for the Case

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

Murray Dahl Kuechenmeister & Renaud, LLP, Malcolm M. Murray, M. Patrick Wilson, Christopher M. Price, Denver, Colorado, for Defendants-Appellees.


Opinion by Judge TERRY.

In this case, we consider whether a local government that enacts its own avenue for appeal of a sales or use tax assessment under section 29-2-106.1(9), C.R.S.2008, may decline to hold a hearing requested by the taxpayer and issue a decision thereon, thus depriving the taxpayer of the right to appeal. We conclude that where the local government has created its own avenue for appeal that establishes, as a prerequisite to appeal, a final decision...

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