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ZANER v. CITY OF BRIGHTON

No. 94CA0139.

899 P.2d 263 (1994)

Suzan ZANER and Ray Owens, Plaintiffs-Appellants, v. CITY OF BRIGHTON, Defendant-Appellee, and United Power, Inc., Intervenor-Appellee.

Colorado Court of Appeals, Division III.

As Modified on Denial of Rehearing January 19, 1995.

Certiorari Granted June 30, 1995.

Attorney(s) appearing for the Case

Kevin B. Pratt, Colorado Springs, for plaintiffs-appellants.

Daniel, McCain, Brown, Wallace & Brubaker, LLC, Margaret R. Brubaker, Brighton, for defendant-appellant.

Karowsky Witwer Miller & Oldenburg, Jacqueline R. Johnson, Walker, Miller, Greeley, for intervenor-appellee.

Geoffrey T. Wilson, Denver, for amicus curiae Colorado Municipal League.

Opinion by Judge NEY.

Plaintiffs, Suzan Zaner and Ray Owens, brought this action to challenge a referendum election held by defendant, City of Brighton, to obtain voter approval for the transfer of Brighton's electric utility franchise from one utility to another. They maintained that the election was in violation of Colo. Const. art X, § 20, known as "The Taxpayer's Bill of Rights" (TABOR), an initiated constitutional amendment approved by the electors in the...

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