The BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 1 in the CITY AND COUNTY OF DENVER; Thomas M. Mauro, Sharon R. Bailey, Lynn D. Coleman, Aaron M. Gray, J.P. Hemming, Carole R. McCotter, and Marcia M. Johnson, in their official capacities as members of the Board of Education; and Sharon Eastlund, Petitioners/Cross-Respondents,
v.
Cordia BOOTH, James Stamper, Eugene Copeland, and Bill King, on behalf of the proposed Thurgood Marshall Charter Middle School, Respondents/Cross-Petitioners, and
The Colorado State Board of Education, Respondent.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
September 13, 1999.
September 13, 1999.
Attorney(s) appearing for the Case
Semple, Miller, DeLay & Mooney, P.C., Patrick B. Mooney, Martin Semple, Michael H. Jackson, General Counsel, Denver Public Schools, Denver, Colorado, Attorneys for Petitioner/Cross-Respondent Board of Education of School District # 1.
Collins & Pringle, Dwight L. Pringle, Denver, Colorado, Attorneys for Petitioner/Cross-Respondent Sharon Eastlund.
Rothgerber, Appel, Powers & Johnson, LLP, Gregory B. Kanan, Denver, Colorado, Dimanna & Jackson, Daniel A. Sweetser, Denver, Colorado, Parcel, Mauro, Hultin & Spaanstra, P.C., Gwen J. Young, Susan J. Keller, Denver, Colorado, Attorneys for Respondents/Cross-Petitioners Cordia Booth, James Stamper, Eugene Copeland and Bill King.
Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Antony B. Dyl, First Assistant Attorney General, State Services Section, Denver, Colorado, Attorneys for Respondent Colorado State Bd. of Education.
Miller & DeLay, P.C., Kenneth A. DeLay, Westminster, Colorado, Attorneys for Amici Curiae School District No. 12, Adams County La Veta Re-2 School District.
Caplan and Earnest, LLC, Susan S. Schermerhorn, W. Stuart Stuller, Boulder, Colorado, Attorneys for Amici Curiae Telluride School District R-1 Moffat School District 2.
James W. Griffin, Lakewood, Colorado, Attorney for Amicus Curiae Colorado League of Charter Schools.
Kutz & Bethke, William P. Bethke, Lakewood, Colorado, Attorneys for Amici Curiae Crestone Charter School, Jefferson Academy, Laurent Clerc Educational Fund of Colorado d/b/a Magnet School of the Deaf, and Summit Middle School.
Julie Murphy Seavy, Lauren B. Kingsbery, Denver, Colorado, Attorneys for Amicus Curiae Colorado Association of School Boards.
Supreme Court of Colorado, En Banc.
Chief Justice MULLARKEY delivered the Opinion of the Court.
This case involves a challenge to the constitutionality of the second-appeal provision of the Charter Schools Act. See § 22-30.5-108(3), 7 C.R.S. (1998). The question is whether the General Assembly constitutionally may authorize the State Board of Education to order a local school board to approve a charter school application that the local board has rejected when the State Board finds approval...
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