Betty J. CHESSER, Helen L. Coulter, Jim Jorgensen, Individually, and for and on behalf of all other persons similarly situated, Plaintiffs-Appellants,
v.
Mary Estill BUCHANAN, Secretary of State of the State of Colorado, the Election Commission of the City and County of Denver, the Clerks and Recorders of the Counties of Adams, Boulder, Gilpin, Grand, Eagle, Jefferson, Moffat and Routt, State of Colorado, and Moffat Tunnel Commission, Intervenor, Defendants-Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
August 22, 1977.
Rehearing Denied September 12, 1977.
Attorney(s) appearing for the Case
Victor F. Crepeau, H. William Huseby, Denver, for plaintiffs-appellants.
Patrick R. Mahan, Cecile O. Pace, Golden, for defendant-appellee, Clerk and Recorder of Jefferson County.
Charles W. Ennis, Denver, for Moffat Tunnel Commission.
J. D. MacFarlane, Atty. Gen., Jean E. Dubofksy, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Mary A. Rashman, Jeffrey G. Pearson, Asst. Attys. Gen., for defendants-appellees, Mary Estill Buchanan, Secretary of State, State of Colo.; the Election Commission of the City and County of Denver; the Clerks and Recorders of the Counties of Adams, Boulder, Gilpin, Grand, Eagle, Moffat and Routt, State of Colorado.
Supreme Court of Colorado, En Banc.
HODGES, Justice.
Appellants are registered electors and residents of the Moffat Tunnel Improvement District. Because they did not pay tax on any real property within the district in 1975, they were not permitted to vote for district commissioners at the election in November 1976. In a class action, appellants sought a declaratory judgment that this statutory qualification to vote was repugnant to the Colorado election code...
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