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MATTER OF TITLE, BALLOT TITLE

No. 92SA96.

830 P.2d 963 (1992)

In the Matter of the TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, AND SUMMARY APPROVED FEBRUARY 12, 1992, With Regard to the Proposed Initiated Constitutional Amendment Concerning Limited Gaming in the Town of Idaho Springs. James E. Klodzinski, Charles R. Sarner, and Wendell Upright, Petitioners, and Art Rosean and Kelly Seymour, Respondents, and Ray Slaughter, Doug Brown and Natalie Meyer, Title Setting Board.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 8, 1992.

Attorney(s) appearing for the Case

James E. Klodzinski, pro se.

Charles R. Sarner, pro se.

F. Brittin Clayton, III, Eldorado Springs, for Wendell Upright.

Joseph Stern, Denver, for respondents.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., and Maurice G. Knaizer, Deputy Atty. Gen., Denver, for Title Setting Bd.

Justice KIRSHBAUM delivered the Opinion of the Court.

Petitioners, James E. Klodzinski, Charles R. Sarner and Wendell Upright, have filed this statutory challenge to the title, ballot title and submission clause and summary prepared by the Initiative Title Setting Review Board (the Board) for a proposed initiative to amend the Colorado Constitution with respect to limited gaming.1 Klodzinski and Sarner assert that the Board had no authority...

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