Appeals Rules Standing OK_7.22.19 by North Suburban Republican Forum on Scribd
Feb
07
Category Archives: Legal Issues
Feb
07
Court Wait Until After Ballot Initiative
Feb
06
Appeals Court Rules Standing OK
FILED
United States Court of Appeals
Tenth Circuit
PUBLISH
July 22, 2019
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
FOR THE TENTH CIRCUIT
_________________________________
ANDY KERR, Colorado State
Representative; NORMA V. ANDERSON;
JANE M. BARNES, member Jefferson
County Board of Education; ELAINE GANTZ BERMAN, member State Board of Education; ALEXANDER E. BRACKEN; WILLIAM K. BREGAR, member Pueblo District 70 Board of Education; BOB BRIGGS, Westminster No. 17-1192
City Councilman; BRUCE W.
BRODERINS, member Weld County
District 6 Board of Education; TRUDY B.
BROWN; JOHN C. BUECHNER, Ph.D.,
Lafayette City Councilman; STEPHEN A.
BURKHOLDER; RICHARD L. BYYNY,
M.D.; LOIS COURT, Colorado State
Representative; THERESA L. CRATER;
ROBIN CROSSAN, member Steamboat
Springs RE-2 Board of Education;
RICHARD E. FERDINANDSEN;
STEPHANIE GARCIA, member Pueblo
City Board of Education; KRISTI
HARGROVE; DICKEY LEE
HULLINGHORST, Colorado State
Representative; NANCY JACKSON,
Arapahoe County Commissioner; CLAIRE
LEVY, Colorado State Representative;
MARGARET MARKERT, Aurora City
Councilwoman, a/k/a Molly Markert; MEGAN J. MASTEN; MICHAEL MERRIFIELD; MARCELLA L.
MORRISON, a/k/a Marcy L. Morrison;
JOHN P. MORSE, Colorado State Senator;
PAT NOONAN; BEN PEARLMAN,
Boulder County Commissioner;
Continue reading
Feb
06
Court Wait Until After Ballot Initiative
Appellate Case: 17-1192 Document: 010110274622 Date Filed: 12/13/2019 Page: 1
FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS _________________________________ FOR THE TENTH CIRCUIT Elisabeth A. Shumaker December 13, 2019Tenth Circuit
ANDY KERR, Colorado State Clerk of Court
Representative, et al.,
Plaintiffs – Appellants,
v. No. 17-1192
(D.C. No. 1:11-CV-01350-RM-NYW)
JARED POLIS, Governor of Colorado in (D. Colo.) his official capacity,
Defendant – Appellee.
——————————
COLORADO ASSOCIATION OF
SCHOOL BOARDS AND COLORADO
ASSOCIATION OF SCHOOL
EXECUTIVES, et al.,
Amici Curiae.
_________________________________
ORDER
_________________________________
Before BRISCOE, SEYMOUR, and HOLMES, Circuit Judges.
_________________________________
This matter is before the Court on the appellee’s Petition for Rehearing En Banc of our decision in Kerr v. Polis, 930 F.3d 1190 (10th Cir. 2019). A response to the Petition is also on file.
Upon review of these pleadings we note that a ballot initiative has been filed with the Colorado Secretary of State that proposes a vote at the next general election to repeal
Appellate Case: 17-1192 Document: 010110274622 Date Filed: 12/13/2019 Page: 2
Section 20 of Article X of the Colorado Constitution, the Taxpayer’s Bill of Rights (TABOR). In June 2019, the Colorado Supreme Court held that the “initiative comprises a single subject within the meaning of the Colorado Constitution,” and returned the initiative to the Title Board to “set[] a title, ballot title, and submission clause.” In re Ballot Title #3, 2019 CO 57, ¶ 40. The initiative is currently pending review by the Colorado Supreme Court on a second appeal raising questions about the appropriate title for the initiative. Continue reading
Feb
06
Court Order Vacates Appellate Panel
FILED
United States Court of Appeals
PUBLISH Tenth Circuit
October 14, 2020
UNITED STATES COURT OF APPEALS
Christopher M. Wolpert
Clerk of Court
FOR THE TENTH CIRCUIT
_________________________________
ANDY KERR, Colorado State
Representative; NORMA V. ANDERSON;
JANE M. BARNES, member Jefferson
County Board of Education; ELAINE GANTZ BERMAN, member State Board of Education; ALEXANDER E. BRACKEN; WILLIAM K. BREGAR, member Pueblo District 70 Board of
Education; BOB BRIGGS, Westminster No. 17-1192
City Councilman; BRUCE W. (D.C. No. 1:11-CV-01350-RM-NYW)
BRODERIUS, member Weld County (D. Colo.)
District 6 Board of Education; TRUDY B.
BROWN; JOHN C. BUECHNER, Ph.D.,
Lafayette City Councilman; STEPHEN A.
BURKHOLDER; RICHARD L. BYYNY,
M.D.; LOIS COURT, Colorado State
Representative; THERESA L. CRATER;
ROBIN CROSSAN, member Steamboat
Springs RE-2 Board of Education;
RICHARD E. FERDINANDSEN;
STEPHANIE GARCIA, member Pueblo
City Board of Education; KRISTI
HARGROVE; DICKEY LEE
HULLINGHORST, Colorado State
Representative; NANCY JACKSON,
Arapahoe County Commissioner; CLAIRE
LEVY, Colorado State Representative;
MARGARET MARKERT, Aurora City
Councilwoman, AKA Molly Markert; MEGAN J. MASTEN; MICHAEL MERRIFIELD; MARCELLA L.
MORRISON, AKA Marcy L. Morrison;
JOHN P. MORSE, Colorado State Senator;
PAT NOONAN; BEN PEARLMAN,
Boulder County Commissioner;
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Jan
24
Opinion: Politicians’ challenge to Colorado’s TABOR is without merit
For almost three decades, TABOR has been a godsend for Colorado taxpayers.
2:55 AM MST on Jan 24, 2021
Colorado’s Taxpayer’s Bill of Rights is under attack once again, this time by the very politicians whose actions TABOR is intended to check.
A lawsuit filed by state legislators and some local elected officials has been wending its way through the federal courts since 2011. They seek to overturn the voter-enacted TABOR amendment to the Colorado constitution, which requires voter approval before state and local legislative bodies can impose or raise taxes.
The lawmakers’ case rests on the dubious idea that by denying legislators a free hand on matters of taxing and spending, TABOR denies Coloradans a republican form of government, in violation of the U.S. Constitution.
It’s a specious, self-serving argument that ignores more than a century of case law and practical political experience with voter initiatives and referendums, in Colorado and elsewhere.
The case will now be heard by the entire U.S. Court of Appeals for the 10th Circuit, although it seems likely that the U.S. Supreme Court will eventually get the final word.
It’s a complicated case involving questions of standing — who has the right to bring a case to court — and whether constitutional guarantees of a republican form of government include the actions of political subdivisions such as school boards.
To continue reading this story, please click (HERE):
Jan
23
Coalition Voices Opposition to Gas “Fee”
“The message politicians are sending to every Coloradan who voted to support TABOR, strengthen taxpayer protections, and oppose tax increases is they don’t care what you say, no matter how often you say it.” – Jesse Mallory AFP-CO State Director
Coalition Voices Opposition to Gas “Fee”
JAN 22, 2021 BY AFPAmericans for Prosperity-Colorado, Colorado Rising State Action, The Independence Institute, The Centennial Institute, and the Colorado Union of Taxpayers (CUT) all oppose the proposed plan.
DENVER, Colo. – Within months of voters passing increased taxpayer protections with Proposition 117, legislators are signaling they plan to ignore the will of the voters with a proposal to add “fees” on gasoline purchases. A coalition including Americans for Prosperity-Colorado, Colorado Rising State Action, The Independence Institute, The Centennial Institute, and the Colorado Union of Taxpayers (CUT) came out strongly against this proposal and called on legislators to respect the will of the voters.
Jesse Mallory, State Director, Americans for Prosperity-Colorado:
“The message politicians are sending to every Coloradan who voted to support TABOR, strengthen taxpayer protections, and oppose tax increases is they don’t care what you say, no matter how often you say it. Lawmakers must respect the will of the people and bring these proposals to a vote.”
Michael Fields, Executive Director of Colorado Rising State Action:
“Voters have made it crystal clear that they want to vote on tax and fee increases. Any plan to add significant revenue should include asking voters.”
Jeff Hunt, Director of the Centennial Institute:
“Colorado has some of the worst roads and traffic congestion in the country. Improving our roads is a priority that must be addressed. But forcing hardworking Coloradans to pay for this with additional gas fees in the midst of a pandemic and a struggling economy is the wrong way to go. The Colorado legislature is asking the average Coloradans to pay more just to go to work, go to the grocery store, or pick up their kids from school. The Colorado legislature has the money to spend on improving roads and needs to reprioritize roads over liberal special projects.”
Jon Caldara, President of the Independence Institute:
“Raising the gas tax without a vote of the people by calling it a fee will definitely give Coloradans gas. If it’s a good idea, bring it to the people!”
You can see this story along with others like it by clicking (HERE):
Dec
28
Update On Kerry vs Polis Lawsuit
“The federal court of appeals will review the trial court’s ruling on whether the case should even be brought before the federal judicial system. Your TABOR Foundation is one of three entities that filed a “friend-of-the-court” urging the courts to reject the arguments of the plaintiffs, and thereby end the case and leave the Taxpayer’s Bill of Rights unchallenged. You may read the argument submitted by Mountain States Legal Foundation, the Colorado Union of Taxpayers and our Foundation, below.”
Case No. 17-1192
IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
ANDY KERR, Colorado State Representative, et al.,
Plaintiffs-Appellants,
v.
JARED POLIS, Governor of Colorado, in his official capacity, Defendant-Appellee.
On Appeal from the United States District Court for the District of Colorado
No. 11-CV-01350-RM-NYW, The Honorable Raymond P. Moore
BRIEF OF AMICI CURIAE MOUNTIAN STATES LEGAL FOUNDATION, THE COLORADO UNION OF TAXPAYERS FOUNDATION, AND THE TABOR FOUNDATION IN SUPPORT OF APPELLEE URGING AFFIRMANCE
Cody J. Wisniewski
MOUNTAIN STATES LEGAL FOUNDATION
2596 South Lewis Way
Lakewood, Colorado 80227
(303) 292-2021
cody@mslegal.org
Attorney for Amici Curiae
CORPORATE DISCLOSURE STATEMENT
The undersigned attorney for Amici Curiae, Mountain States Legal Foundation, the Colorado Union of Taxpayers Foundation, and the TABOR Foundation certifies that
Mountain States Legal Foundation, the Colorado Union of Taxpayers Foundation, and the TABOR Foundation are non-profit corporations that have no parent corporations and have never issued any stock.
Respectfully submitted this 21st day of December 2020.
/s/ Cody J. Wisniewski
Cody J. Wisniewski
MOUNTAIN STATES LEGAL FOUNDATION
2596 South Lewis Way
Lakewood, Colorado 80227
(303) 292-2021
cody@mslegal.org
Attorney for Amici Curiae
i
TABLE OF CONTENTS Continue reading
Dec
22
Lower South Platte Water Conservancy District accused of improper mill levy increase
District president says they need the extra revenue to provide same level of service
In December of 2019 the county commissioners in Morgan, Logan, Sedgwick and Washington counties certified the Lower South Platte Water Conservancy District at 1.000 mills, double the amount allocated them on a yearly basis since early in the district’s formation.
Since then a group of property owners have been seeking recourse for the decision, claiming that the increase in mill levy was a violation of the Taxpayer Bill of Rights, which necessitates voter approval of both tax increases and the retention of excess funds if revenues grow faster than the rate of inflation and population growth. On May 19 William Banta, an attorney and legal council for the TABOR committee, sent a letter to the district.
“It has come to our attention that, in spite of TABOR, the Board of Directors of the Lower South Platte Water Conservancy District increased the District’s mill levy for 2020 without having voter approval,” the letter said. “Although we understood that the district received permission from the voters in 1996 to keep and use excess revenues there was no approval to increase a mill levy.”
The 1996 ballot measure is central to the district’s legal argument. The voters approved the ballot measure giving the district the right to retain and spend an additional $13,025 and access “the full proceeds and revenues received from every source whatever, without limitation, in 1996 and all subsequent years.”
To continue reading this story, please click (HERE):
Dec
18
Title Board rejects petitions proposal, finding an attempt to change constitution via statute
“You simply cannot amend the Colorado constitution by enacting a statute,” said Jason Gelender, a board member representing the Office of Legislative Legal Services. “It would be like if the General Assembly tried to do what the measure seems to try to do, saying ‘we’re going to repeal TABOR,’” referring to the Taxpayer Bill of Rights.
Initiative #6, from designated representatives Donald L. “Chip” Craeger III of Denver and John Ebel of Lone Tree, mirrored three other proposals the Title Board considered within the past year. Nicknamed the “Petition Rights Amendment,” the measure would expand the right of ballot initiative to most units of government, change the process by which initiative titles are set and appealed, and alter the number of signatures required to place an initiative on the statewide ballot.