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AINSCOUGH v. OWENS

No. 03SC164.

90 P.3d 851 (2004)

Harlen AINSCOUGH; Michael Coulter; Barbara Johnson; Ron Parker; Robert Becker; Lorraine Surprenant; Colorado Federation of Public Employees; Colorado Association of Public Employees; and American Federation of State, County, and Municipal Employees, Colorado Council 76, Petitioners v. Bill OWENS, Governor, State of Colorado; and Jeffrey M. Wells, Executive Director of the Colorado Department of Personnel and General Support Services, Respondents.

Supreme Court of Colorado, En Banc.

May 24, 2004.

Attorney(s) appearing for the Case

Brauer, Buescher, Goldhammer & Kelman, P.C., Thomas B. Buescher, Joseph M. Goldhammer, Denver, Colorado, Attorneys for the Petitioners.

Hogan & Hartson, L.L.P., Ty Cobb, Peter H. Walsh, Denver, Colorado, Attorneys for Bill Owens, Governor of the State of Colorado.

Perkins Coie, L.L.P., Robert N. Miller, Stephanie E. Dunn, Denver, Colorado, Michael E. McLachlan, Durango, Colorado, Attorneys for Jeffrey M. Wells, Executive Director of the Colorado Department of Personnel and General Support Services.

Chief Justice MULLARKEY delivered the Opinion of the Court.

The question before us is whether individual state employees and their labor organizations have standing to sue the Governor and the Executive Director of the Department of Personnel to challenge a 2001 Executive Order and ensuing Personnel Policy that eliminated employee payroll deductions for union dues. In the trial court, the employees asserted eight claims for relief. They claimed that the policy violated...

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