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BALL AEROSPACE & TECHNO. v. CITY OF BOULDER

No. 11CA2129.

304 P.3d 609 (2012)

2012 COA 153

BALL AEROSPACE & TECHNOLOGIES CORPORATION, Plaintiff-Appellee, v. CITY OF BOULDER, Colorado, Defendant-Appellant.

Colorado Court of Appeals, Division V.

September 13, 2012.

Attorney(s) appearing for the Case

Silverstein & Pomerantz LLP, Neil I. Pomerantz , Mark E. Medina , Bryan T. Shannon , Denver, Colorado, for Plaintiff-Appellee.

Thomas A. Carr , City Attorney, Kathleen E. Haddock , Senior Assistant City Attorney, Boulder, Colorado, for Defendant-Appellant.

Opinion by Judge MILLER.

¶ 1 In this use tax assessment dispute, defendant, City of Boulder (City), appeals the trial court's summary judgment for plaintiff, Ball Aerospace & Technologies Corporation (Company), reversing a hearing officer's determination that Company owed use tax on its acquisition of downloaded computer software and access to online data services. We conclude that the trial court erred in determining that the transactions at issue were not...

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