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VAGNEUR v. CITY OF ASPEN

No. 08CA2552.

232 P.3d 222 (2009)

Curtis VAGNEUR and Jeffrey Evans, Petitioners-Appellants, v. CITY OF ASPEN, State of Colorado; Kathryn Koch, in her official capacity as City Clerk for the City of Aspen; Karen Goldman, in her official capacity as Administrative Hearing Officer; Les Holst; Clifford Weiss; and Terry Paulson, Respondents-Appellees.

Colorado Court of Appeals, Div. III.

October 29, 2009.

Attorney(s) appearing for the Case

Isaacson Rosenbaum P.C., Edward T. Ramey, Denver, Colorado; Wright & LaSalle, LLP, Gary A. Wright, Aspen, Colorado, for Petitioners-Appellants.

John P. Worcester, City Attorney, James. R. True, Special Counsel, Aspen, Colorado, for Respondents-Appellees City of Aspen, Kathryn Koch, and Karen Goldman.

Klein, Coté & Edwards, LLC, Herbert S. Klein, Corey T. Zurbuch, Aspen, Colorado, for Respondents-Appellees Les Holst, Clifford Weiss, and Terry Paulson.

Opinion by Judge MILLER.

Petitioners, Curtis Vagneur and Jeffrey Evans, appeal the district court's order concluding that two initiated ordinances they submitted consisted of administrative matters and therefore could not be placed on the ballot for the City of Aspen voters. We affirm.

I. Facts and Proceedings

A. Background

The facts are largely undisputed. Since the 1980s, the City of Aspen has been addressing how to facilitate and expand...

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