TABOR Lawsuits

TABOR is the Colorado taxpayers version of Checks and Balances. The government cannot raise taxes unless the citizens approve it.  If the government steps out of line or tries to circumvent TABOR, we may file a legal challenge to force them to defend their actions.  See below for the cases we’re involved with:

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Most recent development

The entire 10th Circuit Court of Appeals held a Hearing on May 10, 2021, in which both sides argued the case.  Rather than the common 3-judge panel sitting in review, this Hearing was before every appellate judge of this Court hearing the appeal.  That’s called en banc.  The Plaintiff’s attorney went first, and then the Defendant’s attorney, who is from the Colorado Attorney General’s office, spoke.  Since the suit is against the State (officially, it’s against the governor), the TABOR Foundation had no opportunity to be part of that day’s arguments.  Most of the nearly-two hour session was comprised of questions from the judges to the attorneys.  Both sides had submitted extensive written arguments (“briefs”) in the months before this Hearing.  Coming soon (by fall 2021), these briefs will be available on this web page in a reasonable order, with short explanations.

Hospital Provider Fee lawsuit

Issue:

Whether the State of Colorado can circumvent the Taxpayer’s Bill of Rights (TABOR) by levying a tax on hospitals without voter approval?

http://thetaborfoundation.org/legal-issues/hospital-provider-tax/   

Appeals Court Rules Standing OK

Court Wait Until After Ballot Initiative

Court Order Vacates Appellate Panel

Kerr vs Polis lawsuit

Issue:

Whether the people of the State of Colorado may limit the taxing authority of the General Assembly by amending the State Constitution?

http://thetaborfoundation.org/legal-issues/kerr-lawsuit/

 

RTD/SCFD Tax lawsuit

Issue:

Whether the General Assembly can circumvent TABOR by expanding the taxing authority of RTD and SCFD without voter approval.

http://thetaborfoundation.org/legal-issues/rtd-faster-tax/

 

 Bridge Enterprise Lawsuit

Issue:

Whether the Colorado General Assembly can circumvent the Taxpayer’s Bill of Rights (TABOR) of the Colorado Constitution by granting a government-owned enterprise the power to assess taxes and incur debt without a vote of the people?

http://thetaborfoundation.org/legal-issues/bridge-enterprise-lawsuit/

 

Lobato vs Colorado School Financing lawsuit

Issue: 

June 2005: Lawsuit filed claiming Colorado’s underfunding of schools violates constitutional mandate for a “thorough and uniform” system of public education.

 

May, 28, 2013: Supreme Court overturns district court ruling on a 4-2 vote and finds the state’s school funding system constitutional — effectively ending the case.