Town of Breckenridge v. Egencia, LLC , 2019 CO 39 ( 2019 )

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ADVANCE SHEET HEADNOTE
May 28, 2019
2019 CO 39
No. 18SC186, Town of Breckenridge v. Egencia, LLC.
By operation of law, the decision of the court of appeals case no. 16CA1901 (Colo.
App. Jan. 25, 2018) is affirmed by an equally divided court. See C.A.R. 35(b).
The Supreme Court of the State of Colorado
2 East 14th Avenue • Denver, Colorado 80203
2019 CO 39
Supreme Court Case No. 18SC186
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 16CA1901
Petitioner:
Town of Breckenridge,
v.
Respondents:
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.
.
Affirmed by Operation of Law
en banc
May 28, 2019
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
PER CURIAM.
JUSTICE HART does not participate.
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¶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).
3