TAXPAYERS AGAINST CONGESTION v. RTD

No. 04CA2068.

140 P.3d 343 (2006)

TAXPAYERS AGAINST CONGESTION, a registered issue committee; Dennis Polhill, a registered Colorado elector; and Jon Caldara, a registered Colorado elector, Plaintiffs-Appellants, v. REGIONAL TRANSPORTATION DISTRICT; Adams County Clerk & Recorder; Arapahoe County Clerk and Recorder; Boulder County Clerk and Recorder; Broomfield County Clerk and Recorder; Denver Election Commission; Douglas County Clerk and Recorder; Jefferson County Clerk and Recorder; and Weld County Clerk and Recorder, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

June 1, 2006.


Attorney(s) appearing for the Case

Robert J. Corry, Jr., Denver, Colorado, for Plaintiffs-Appellants.

Marla L. Lien, Denver, Colorado, for Defendant-Appellee Regional Transportation District.

James D. Robinson, County Attorney, Jennifer D. Stanley, Assistant County Attorney, Brighton, Colorado, for Defendant-Appellee Adams County Clerk & Recorder.

Kathryn L. Schroeder, County Attorney, John E. Bush, Jr., Administrative Deputy County Attorney Littleton, Colorado, for Defendant-Appellee Arapahoe County Clerk and Recorder.

H. Lawrence Hoyt, County Attorney, Leslie Wright Lacy, Assistant County Attorney, Boulder, Colorado, for Defendant-Appellee Boulder County Clerk and Recorder.

William A. Tuthill, III, City & County Attorney, Tami J. Yellico, Deputy City & County Attorney, Broomfield, Colorado, for Defendant-Appellee Broomfield County Clerk and Recorder.

Cole Finegan, City Attorney, Victoria Ortega, Assistant City Attorney, Denver, Colorado, for Defendant-Appellee Denver Election Commission.

Lance J. Ingalls, County Attorney, Kelly Dunnaway, Assistant County Attorney, Castle Rock, Colorado, for Defendant-Appellee Douglas County Clerk and Recorder.

Frank J. Hutfless, County Attorney, Jean L. Ayars, Assistant County Attorney, Lilly W. Oeffler, Assistant County Attorney, Golden, Colorado, for Defendant-Appellee Jefferson County Clerk and Recorder.

Bruce T. Baker, County Attorney, Greeley, Colorado, for Defendant-Appellee Weld County Clerk and Recorder.


WEBB, J.

Plaintiffs, Taxpayers Against Congestion, Dennis Polhill, and Jon Caldara, appeal the trial court's order denying declaratory and injunctive relief concerning Referendum 4A, a 2004 ballot proposal for a Regional Transportation District (RTD) tax increase to build diesel rail and light rail systems. We dismiss the appeal as moot.

Taxpayers Against Congestion is an issue committee registered in opposition to Referendum 4A. Polhill and Caldara are taxpayers...

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