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SAVE PALISADE FRUITLANDS v. TODD

No. 00-1423.

279 F.3d 1204 (2002)

SAVE PALISADE FRUITLANDS, a Colorado unincorporated nonprofit association; Harry C. Talbott; Galen R. Wallace; Allen M. (Mac) Williams, Plaintiffs-Appellants, v. Monika TODD, in her official capacity as County Clerk of Mesa County, Colorado; Mesa County Board, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 7, 2002.

Attorney(s) appearing for the Case

Richard W. Daily, (Stephen K. ErkenBrack, with him on the briefs), Hale Hackstaff Tymkovich & ErkenBrack, L.L.P., Denver, CO, for Appellants.

Valerie J. Robison, Assistant Mesa County Attorney, (M. Lyle Dechant, Mesa County Attorney, with her on the brief), Mesa County Attorney's Office, Grand Junction, CO, for Appellees.

Before TACHA, Chief Judge, GARTH, and BRISCOE, Circuit Judges.

TACHA, Chief Judge.

Appellants Save Palisade FruitLands and three of its members brought this suit under 42 U.S.C. § 1983, after the Mesa County Clerk, appellee Monika Todd, denied appellants' request to place a land-use proposal on the ballot as a county-wide initiative. Appellants argued that Colorado law, which grants the power to initiate legislation to the electors of home rule counties, but not to those of statutory...

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