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CACIOPPO v. EAGLE COUNTY SCHOOL DIS.

No. 03SA336.

92 P.3d 453 (2004)

Michael J. CACIOPPO, Individually and on Behalf of all Property Taxpayers of Eagle County School, District Re-50J, Plaintiff-Appellant/Cross-Appellee v. EAGLE COUNTY SCHOOL DISTRICT RE-50J, Defendant-Appellee/Cross-Appellant and Jody Caruthers, Eagle County Assessor, Karen Sheaffer, Eagle County Treasurer, and the Eagle County Commissioners, all in their official capacities, Defendants.

Supreme Court of Colorado, En Banc.

June 14, 2004.

Attorney(s) appearing for the Case

Michael J. Cacioppo, pro se, Edwards, Colorado.

Bernard, Lyons, Gaddis & Kahn, P.C., Richard N. Lyons, II, Adele L. Reester, Longmont, Colorado, Attorneys for Defendant-Appellee/Cross-Appellant Eagle County School District Re-50J.

No Appearance by or on behalf of Defendants Jody Caruthers, Eagle County Assessor, Karen Sheaffer, Eagle County Treasurer, and the Eagle County Commissioners, all in their official capacities.

Justice KOURLIS delivered the opinion of the court.

I. Introduction

In this case, we review a constitutional challenge to a ballot issue approved by voters in Eagle County raising taxes to allow a cost-of-living increase for the school district. Michael Cacioppo, the petitioner for purposes of this appeal, filed suit in Eagle County District Court nearly four months after the election seeking to overturn the election. He argued that the ballot title and...

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