July 24, 2017

Archives for May 3, 2017

Colorado Supreme Court: Northglenn’s Ordinance Regarding Medical Marijuana Facilities Not Unconstitutionally Vague

The Colorado Supreme Court issued its opinion in Rocky Mountain Retail Management, LLC v. City of Northglenn on Monday, April 24, 2017.

Vagueness—Medical Marijuana Licensing.

The Colorado Supreme Court reviewed the district court’s order declaring a provision of the City of Northglenn’s medical marijuana licensing ordinance unconstitutionally vague and finding that the city’s denial of a medical marijuana center license to an applicant in reliance on that provision was arbitrary and capricious. The court held that Northglenn City Code § 18-14-7(h), which allows the local licensing authority to consider the “number, type, and availability” of existing medical marijuana facilities near the proposed facility before approving or denying an application for a local license, is not unconstitutionally vague. The phrase “number, type, and availability” provides sufficient notice to applicants and reasonably constrains the exercise of the city’s discretion. The court further held that the city’s decision to deny the license application in this case was supported by substantial evidence in the record, and therefore was not arbitrary and capricious.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Denver Lodger’s Tax Imposes Duty on Online Travel Companies to Collect and Remit Tax

The Colorado Supreme Court issued its opinion in City & County of Denver v. Expedia, Inc. on Monday, April 24, 2017.

Statutory Construction—Local Tax Ordinances.

The City and County of Denver (Denver) petitioned for review of the Colorado Court of Appeals’ opinion reversing the judgment of the district court and remanding with directions to vacate the subject tax assessments against Expedia, Inc. and the other respondent online travel companies (OTCs). (See Expedia, Inc. v. City and County of Denver, 2014 COA 87.) The district court had largely upheld a Denver hearing officer’s denial of protests by Expedia and the other OTCs to Denver’s claim for unpaid taxes, interest, and penalties, apparently due according to Denver’s ordinance imposing a lodger’s tax. Unlike the hearing officer and district court, the court of appeals concluded that Denver’s lodger’s tax article was at least ambiguous with regard to both the purchase price paid or charged for lodging, upon which the tax is to be levied, and the status of the OTCs as vendors, upon which the ordinance imposes the responsibility to collect the tax and remit it to the city; and the intermediate appellate court considered itself obligated to resolve all ambiguities in the lodger’s tax article, being a tax statute, in favor of the OTCs.

The supreme court reversed the judgment of the court of appeals. The court held that Denver’s lodger’s tax article imposes a duty on the OTCs to collect and remit the prescribed tax on the purchase price of any lodging they sell, to include not only the amount they have contracted with the hotel to charge and return but also the amount of their markup.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 5/2/2017

On Tuesday, May 2, 2017, the Tenth Circuit Court of Appeals issued four published opinions and five unpublished opinions.

Coones v. Shelton

United States v. Murguia-Marquez

Mohn v. Zinke

Awadh v. Farm Bureau Mutual Insurance Co.

United States v. McClendon

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.