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HAVENS v. BOARD OF COUNTY COM'RS

No. 01CA1612.

58 P.3d 1165 (2002)

F.T. HAVENS, Plaintiff-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARCHULETA, Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

October 10, 2002.

Attorney(s) appearing for the Case

Abadie & Zimsky, LLC, William E. Zimsky, Durango, Colorado, for Plaintiff-Appellant.

Law Office of Mary Weiss, Mary Deganhart-Weiss, Pagosa Springs, Colorado, for Defendant-Appellee.

J. Wallace Wortham, Jr., Denver City Attorney, David W. Broadwell, Assistant City Attorney, Denver, Colorado, for Amici Curiae Colorado Municipal League and City and County of Denver.

Hall & Evans, L.L.C., Thomas J. Lyons, Jennifer L. Veiga, Denver, Colorado, for Amicus Curiae Colorado Counties, Inc.

Harden, Hass, Haag & Hallberg, P.C., George H. Hass, Fort Collins, Colorado, for Amici Curiae Poudre School District R-1 and Board of County Commissioners of Larimer County.

Paul C. Rufien, P.C., Paul C. Rufien, Denver, Colorado, for Amicus Curiae Forest Hills Metropolitan District.

Opinion by Judge STERNBERG.1

In this litigation concerning the Taxpayer's Bill of Rights (TABOR), plaintiff, F.T. Havens, appeals a judgment entered in favor of defendant, the Board of County Commissioners of Archuleta County. We affirm.

On November 2, 1999, the electors of Archuleta County approved a ballot issue allowing the County to collect and spend or reserve excess revenue collected...

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