MATTER OF TITLE, BALLOT TITLE, ETC.

No. 90SA200.

797 P.2d 1275 (1990)

In the Matter of the TITLE, BALLOT TITLE, SUBMISSION CLAUSE, AND SUMMARY, ADOPTED APRIL 4TH, 1990, PERTAINING TO THE PROPOSED INITIATIVE ON SURFACE MINING, Robert Michael Flanagan, Petitioner, and Citizens Against Mountain Scars, Respondents, and Marilyn Handley, Charles B. Howe, and Douglas G. Brown, Title Setting Board.

Supreme Court of Colorado, En Banc.

June 25, 1990.


Attorney(s) appearing for the Case

Hays and Wilson, James C. Wilson, Jr., Mark Bender, James H. Beimford, Denver, for petitioner.

Cogswell and Eggleston, P.C., Carolyn L. Buchholz, Shawn P. Mulligan, Denver, for respondents.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Maurice G. Knaizer, Deputy Atty. Gen., for Title Setting Bd.


Justice VOLLACK delivered the Opinion of the Court.

In this original proceeding under section 1-40-102(3), 1B C.R.S. (1989 Supp.), Robert Michael Flanagan (Flanagan), a registered elector of the state of Colorado, challenges the legal sufficiency of the title, submission clause, and summary of an initiated measure for a proposed amendment to the Colorado Constitution on the subject of surface mining on the eastern slope of the Front Range. The ballot title, submission...

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