TOWN OF BRECKENRIDGE v. EGENCIA LLC GP LLC LLC LLC LP LLC LLC (2019)

Supreme Court of Colorado.

TOWN OF BRECKENRIDGE, Petitioner v. EGENCIA, LLC; Expedia, Inc.; Hotels.com GP, LLC; Hotwire, Inc.; Internetwork Publishing Corporation d/b/a Lodging.com; Lowestfare.com, Inc.; Orbitz, Inc.; Orbitz, LLC; Priceline.com, Incorporated; Site59.com, LLC; Travelnow.com, LP; Travelport, Inc. f/k/a Cendant Travel Distribution Services Group, Inc.; Travelscape, LLC.; Travelweb, LLC.; and Trip Network, Inc. d/b/a Cheaptickets.com, Respondents.

Supreme Court Case No. 18SC186

Decided: May 28, 2019

En Banc

Attorneys for Petitioner: Lewis Roca Rothgerber Christie LLP, Michael Plachy, Amy Danielle Wills, Joy Allen Woller, Thomas M. Rogers III, Denver, Colorado Attorneys for Respondents: Connelly Law, LLC, Sean Connelly, Denver, Colorado Attorneys for Amicus Curiae American Society of Travel Advisors: Blain Myhre LLC, Blain David Myhre, Denver, Colorado Attorneys for Amici Curiae Colorado Association of SkiTowns and Colorado Hotel and Lodging Association: Richard B. Benenson, Justin L. Cohen, Brownstein Hyatt Farber & Schreck LLP, Denver, Colorado Attorneys for Amicus Curiae Colorado Department of Revenue Philip J. Weiser, Attorney General, Scott R. Bauer, Senior Assistant Attorney General, Russell D. Johnson, Assistant Solicitor General, Denver, Colorado

¶1 Justice Boatright, Justice Hood and Justice Gabriel are of the opinion that the judgment of the court of appeals should be affirmed; whereas Chief Justice Coats, Justice Márquez, and Justice Samour are of the opinion that it should be reversed. Justice Hart does not participate.

¶2 Because the court is equally divided, the judgment of the court of appeals is affirmed by operation of law C.A.R. 35(b).

PER CURIAM.

JUSTICE HART does not participate.

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