CITY & COUNTY OF DENVER v. SPEARS FREE CLINIC & HOSP.

No. 19303.

350 P.2d 1057 (1960)

CITY AND COUNTY OF DENVER; H. W. Bushacher (substituted for C. M. Hill), Manager of Revenue; and Raymond E. Carper, Assessor, Plaintiffs in Error, v. SPEARS FREE CLINIC AND HOSPITAL FOR POOR CHILDREN, Defendant in Error.

Supreme Court of Colorado, En Banc.

April 11, 1960.


Attorney(s) appearing for the Case

Donald E. Kelley, City Atty., Horace N. Hawkins, Jr., Deputy City Atty., W. Keith Peterson, Asst. City Atty., Denver, for plaintiffs in error.

Charles Ginsberg, Denver, for defendant in error


FRANTZ, Justice.

We have been asked to determine this matter on Denver's application for supersedeas. Denver would have us reverse a judgment entered against it in proceedings for declaratory judgment and injunctive relief brought by Spears Free Clinic and Hospital for Poor Children (hereinafter referred to as Spears).

The city maintains that the matter of a tax exempt status may not be determined in an action seeking a declaration of rights and status and...

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