Legal Opinion · Dissent

Qwest Corp. v. City of Northglenn

Colorado Court of Appeals

Decided April 24, 2014No. Court of Appeals No. 13CA0285Published

1DissentJ. Jones, J.

129 This case concerns three actors: the City of Thornton, which claims to be owed taxes from Qwest Corporation; the City of Northglenn, which received taxes from Q@west that it had no legal right to receive; and Qwest, which erroneously (over)paid Northglenn taxes it owed Thornton. The majority construes sections 29-2-106.1 and 39-26-210, C.R.S. 2018, to deprive Qwest of its statutory defense to Thornton's action to collect taxes, simply because Thornton's statutory right to recover the taxes Northglenn received from Qwest may be impaired by a statute of limitations. I do not believe such a…

2Cases cited14 opinions

  1. Kiobel v. Royal Dutch Petroleum Co.Supreme Court of the United States · 2013
  2. Kiobel v. Royal Dutch Petroleum Co.Court of Appeals for the Second Circuit · 2010
  3. Chelentis v. Luckenbach Steamship Co.Supreme Court of the United States · 1918
  4. Western Distributing Co. v. DiodosioSupreme Court of Colorado · 1992
  5. State v. NietoSupreme Court of Colorado · 2000

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