July 10, 2015 9:00 PM· By Peter Blake
Photo and copyright: Tony’s Takes
The courts keep knocking down TABOR-based lawsuits, but the tax law’s defenders keep coming back for more punishment.
Maybe they’ll win one someday. Hope can be found in a recent ruling in the TABOR Foundation’s lawsuit filed against the Colorado Bridge Enterprise in 2012, even though the foundation lost.
The CBE was established in 2009 by the General Assembly’s so-called “FASTER” Act as a “government-owned business” within the Colorado Department of Transportation. The additional bridge repairs were to be funded by increases averaging $41 in auto registration fees and much higher penalties for late payment.
The TABOR Foundation claimed they weren’t fees but taxes that voters weren’t given the opportunity to approve. What’s more, it said that the CBE didn’t qualify as a TABOR-exempt enterprise because it received more than 10 percent of its revenue from state grants.
The plaintiffs lost at the trial court, lost at the Colorado Court of Appeals and, the other day, the Colorado Supreme Court decided it wouldn’t even deign to review the case. Continue reading