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BARBER v. RITTER

No. 07SC373.

196 P.3d 238 (2008)

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

Supreme Court of Colorado, En Banc.

November 3, 2008.

Attorney(s) appearing for the Case

Head & Associates, P.C., John F. Head, Denver, Colorado, Attorneys for Petitioners/Cross-Respondents.

John W. Suthers, Attorney General, Monica M. Márquez, Assistant Solicitor General, Maurice G. Knaizer, Deputy Attorney General, Public Officials Unit, State Services Section, Denver, Colorado, Attorneys for Respondents/Cross-Petitioners.

Brad D. Bailey, Assistant City Attorney, City of Littleton, Littleton, Colorado, Attorney for Amicus Curiae City of Littleton.

Justice BENDER delivered the Opinion of the Court.

Introduction

In this case involving article X, section 20 of the Colorado Constitution ("Amendment 1"),1 we review the court of appeals' opinion in Barber v. Ritter, 170 P.3d 763 (Colo.App. 2007).2 In that opinion, the court of appeals held that Petitioners/Cross-Respondents Douglas Barber, Heggem-Lunquist...

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