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HUFF v. TIPTON

No. 90CA1846.

810 P.2d 236 (1991)

Timothy S. HUFF, Plaintiff-Appellant, v. John I. TIPTON, Executive Director of the Department of Revenue for the State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

March 28, 1991.

Attorney(s) appearing for the Case

James L. Treece, Treece & Bahr, Littleton, for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Thomas D. Fears, Asst. Atty. Gen., Denver, for defendant-appellee.

Opinion by Judge SMITH.

Plaintiff, Timothy Huff (taxpayer), appeals the trial court's order dismissing his complaint for declaratory and injunctive relief against defendant, John Tipton, Executive Director of the Department of Revenue (department). We affirm.

The facts are not in dispute. In February 1989, taxpayer was arrested for unlawfully possessing and distributing a controlled substance. In March, he received a notice of deficiency from the department...

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