Category Archives: Legal Issues

Feb 25

Judge throws out Gaylord Rockies Hotel tax vote, Aurora appeals

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Judge throws out Gaylord Rockies Hotel tax vote, Aurora appeals

Gaylord Entertainment Aurora hotel

An artist rendering of Gaylord Entertainment’s plans to develop a resort and convention hotel in Aurora, Colo. (Provided by Gaylord Entertainment)

An Adams County district judge on Tuesday invalidated an election used to boost tax rates within the land set aside for the Gaylord Rockies Hotel, a decision that Aurora quickly filed to appeal.

“The city did not obtain the required voter approval for the tax increases purportedly authorized at that election,” ruled Ted C. Tow III, a judge in the 17th Judicial District.

Aurora filed a notice of appeal within hours of the ruling and said the project to create the state’s largest hotel remains on track.

To read the rest of this article, click the following link:
http://www.denverpost.com/business/ci_27589880/judge-throws-out-gaylord-rockies-hotel-tax-vote

RELATED STORIES
Feb 21

Ruling in Favor of County in Stormwater Utility Lawsuit

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Adams County Judge Mark Warner today ruled in favor of the county in a lawsuit filed by county residents who opposed the stormwater utility fee that was approved by the Board of County Commissioners in 2012.

“Throughout this process the county has maintained the belief that the stormwater utility is a fee, not a tax and is necessary to provide storm water related services and facilities,” said Commissioner Chaz Tedesco.

In his ruling (attached), Judge Warner validated that belief:

WHEREFORE, the Court GRANTS defendant’s Motion for Summary Judgment and DENIES plaintiff’s Motion for Summary Judgment. The utility is a government-owned business that receives less than ten percent of its funds from state and local authorities combined, and is therefore an “enterprise” that is exempted from TABOR. Further, defendant has not engaged in an unconstitutional “bait and switch” by imposing the fee and using it, in part, for administrative and personnel costs. Further, the Court concludes the stormwater utility fee is reasonably related to the overall cost of providing services related water drainage and water related activities in the service area. Thus, based upon the foregoing interpretation of Colorado law, the stormwater utility charge is a fee, not a tax and not subject to TABOR. The Court concludes the plaintiffs have not proved that the County’s legislative decision is unconstitutional beyond a reasonable doubt.

http://www.co.adams.co.us/CivicAlerts.aspx?AID=491

Jan 30

The Supreme Court is considering a challenge to Colorado’s TABOR law

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POLITICS

The Supreme Court is considering a challenge to Colorado’s TABOR law

By Mark K. Matthews
The Denver Post

POSTED:   01/12/2015 12:01:00 AM MST

Douglas Bruce, author of the state’s Taxpayer’s Bill of Rights, is pictured in 2005.

Douglas Bruce, author of the state’s Taxpayer’s Bill of Rights, is pictured in 2005.

 

WASHINGTON — If Colorado politics were like daytime TV, then the state’s controversial TABOR law would be its longest-running soap opera.

Few issues can match the drama — and staying power — of the 1992 measure, which has survived repeated attempts to dismantle its requirement that lawmakers get permission from voters before raising taxes.

Now, though, the so-called Taxpayer’s Bill of Rights is getting a shot at prime time. As soon as Monday, the U.S. Supreme Court is expected to decide the fate of a lawsuit against TABOR.

To read the rest of this article, click the following link:
http://www.denverpost.com/politics/ci_27302332/supreme-court-is-considering-challenge-colorados-tabor-law

Jan 29

Monday is the Trial date for TABOR vs RTD/SCFD court case

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TABOR Supporter,

The TABOR Foundation has filed a lawsuit against the Regional Transportation District and the Science and Cultural Facilities District for their violations of TABOR.  The first court appearance will be on Monday, February 2 at 2:30 in courtroom 424 in the City and County Building (1437 Bannock St, Denver, 80202).  It would be a great show of support to have friends of TABOR present for at least part of the proceedings.  If anyone is able to attend, it would be good to know that ahead of the hearing on Monday.

Bob Foland
Executive Director
TABOR Foundation

(To refresh your memory, this is what the lawsuit is about)

TABOR group sues 2 special districts — RTD, SCFD — over new tax

By Monte Whaley
The Denver Post

POSTED:   10/24/2013

The nonprofit TABOR Foundation is suing to stop the Regional Transportation District and the Scientific and Cultural Facilities District from collecting sales tax on food, beverages, cigarettes, advertising materials and food containers.

The foundation filed a request for preliminary injunction Thursday in Jefferson County District Court, asking that the districts be blocked from collecting the tax starting Jan. 1, as allowed by a new state law.

House Bill 1272 lifted exemptions on items the districts could tax. Previously, sales of food, beverages, cigarettes, advertising materials and food containers were off limits to RTD and SCFD.

The tax is expected to net $2.7 million for RTD and $270,000 for SCFD next year, according to the complaint. Continue reading →

Dec 15

“SHOULD 1st YEAR TAXES FROM PROP AA BE RETAINED?

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This is disingenuous at best, but I would call it an outright lie. Marijuana taxes are less than the expected TABOR refunds. All the money goes into the general fund, where one dollar is indistinguishable from the next. It is more honest to say that thanks to marijuana taxes and an improving economy, the government coffers are overflowing and they will return money to the taxpayers.  Not according to Pat Steadman.  Read on:

“SHOULD 1st YEAR TAXES FROM PROP AA BE RETAINED?

If you’ve been keeping score, voters have twice voted to tax and regulate marijuana in Colorado. In 2012 we passed Amendment 64, which legalized marijuana and instructed the legislature to create laws for taxation and regulation. In 2013 the legislature referred Proposition AA to the ballot, proposing a tax scheme that voters overwhelmingly adopted.

But it doesn’t stop there – I’m working on a bill for 2015 that would ask voters to allow the tax revenues generated by Prop AA during its first full-year of implementation to be retained and spent. Yes, thanks to a peculiar provision of the TABOR Amendment, you’ll have to vote a third time to make the pot taxes work as intended. Continue reading →

Dec 06

Diverging from Hickenlooper, Democrats consider not supporting tax refund

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 Gov. John Hickenlooper issued an election-eve budget plan that supported taxpayer refunds next year, but his Democratic colleagues in the legislature are openly considering a move to spend the money.

The talk comes as the Joint Budget Committee continues preliminary meetings to craft the state budget and raises the specter of an intraparty showdown on one of the top legislative issues in the upcoming 2015 session.

Under the state’s Taxpayer’s Bill of Rights, Colorado must return any tax collections in excess of its constitutional revenue cap, which is set by the rate of inflation plus population growth. Right now, the state forecasts a potential $130 million refund.

In a recent interview, noted in a story looking at Hickenlooper’s second term, incoming House Speaker Dickey Lee Hullinghorst made the most direct suggestion that Democrats may support a ballot measure in 2015 to ask voters to keep the money for state spending instead of issuing a refund

TABOR picture“If we don’t do anything as a state, we are going to be spending almost as much money as we refund, refunding money to people, which doesn’t seem to make a lot of common sense to me,” the Boulder Democrat said. “The people would be far better off if we invested that in infrastructure, education — something that really benefited them rather than (them) getting their 50 bucks to spend on a tank of gas or something.”

Hullinghorst didn’t elaborate, but the cost for refunding TABOR is typically negligible because it’s done through tax filings.

Continue reading →

Oct 28

Colorado Goes to the Supreme Court to Defend TABOR

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Three years ago, a group of primarily government plaintiffs sued in federal district court to void Colorado’s Taxpayers Bill of Rights (TABOR). TABOR allows the people, not just the legislature, to vote on most tax increases, most debt increases, and some spending hikes.

http://blog.tenthamendmentcenter.com/2014/10/colorado-goes-to-the-supreme-court-to-defend-tabor/

Oct 08

Adams County District Court Judge Ted Tow rules that lawsuit challenging Aurora Gaylord project can proceed

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Adams County District Court Judge Ted C. Tow ruled last Friday (29 August 2014) that a lawsuit challenging tax incentives offered by the city of Aurora to developers of the Gaylord hotel project can go forward.  Plaintiffs had challenged Aurora’s tax incentives – including creation of an “enhanced taxing area” and a special election to raise taxes to finance the project – violated Colorado’s Taxpayer Bill of Rights, or TABOR.

As reported in a recent Colorado Springs Gazette article,

The Aurora City Council ?authorized the enhanced taxing area and the election to raise taxes at a meeting in June 2011. Only one person voted in the election as the land included in the taxing area is owned by a single corporate entity.

Rather takes the “one man, one vote” principle to a whole new level, eh?

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free –nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

http://www.clearthebenchcolorado.org/2014/09/01/adams-county-district-court-judge-ted-tow-rules-that-lawsuit-challenging-aurora-gaylord-project-can-proceed/

Sep 22

School Finance Legislation and Consequences, with TABOR

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TABOR-required refunds would be $125M in ’16-17 and $392M in ’17-18, Colorado legislative economists project. Need for refunds would require legislature to set aside $$ in prior years, likely affecting such things as cuts in K12…
http://www.coloradofiscal.org/info-graphic-a-history-of-school-finance-in-colorado/

shrinking funding for Colorado Schools