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BARBER v. RITTER

No. 05CA0752.

170 P.3d 763 (2007)

Douglas H. BARBER; Heggem-Lundquist Paint Company, a Colorado corporation; and Rick Kerber, d/b/a Kerber's Oil Company, Plaintiffs-Appellants, v. Bill RITTER, Jr., as Governor of the State of Colorado, and Cary Kennedy, as Treasurer of the State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Certiorari Granted November 13, 2007.

Attorney(s) appearing for the Case

Head & Associates, P.C., John F. Head, Denver, Colorado, for Plaintiffs-Appellants.

John W. Suthers, Attorney General, Maurice G. Knaizer, Deputy Attorney General, Monica Máarquez, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Larry W. Berkowitz, Brad D. Bailey, Littleton, Colorado, Amici Curiae for City of Littleton.

Opinion by Judge ROTHENBERG.

In this case involving the Taxpayer's Bill of Rights (TABOR), Colo. Const. art. X, § 20, and Colo. Const. art. XI, §§ 3-4, plaintiffs, Douglas H. Barber, Rick Kerber, and Heggem-Lundquist Paint Company (collectively, the Taxpayers), appeal the trial court's order dismissing their general claims and Heggem-Lundquist's individual claims, and the summary judgment in favor of defendants, former Governor Bill Owens and former...

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