MESA COUNTY BOARD OF COUNTY COMMISSIONERS, Main Street Café, Evan Gluckman, Donald Shonkwiler, John Bozek, Sharon Johnson, Rick Nevin, and all similarly situated Colorado taxpayers and registered voters, Plaintiffs-Appellees,
v.
STATE of Colorado; Bill Ritter, Jr., in his official capacity as the Governor of Colorado; and Colorado Department of Education, Defendants-Appellants.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
March 16, 2009.
March 16, 2009.
Attorney(s) appearing for the Case
Isaacson Rosenbaum P.C., Mark G. Grueskin, Jessica Runyan Allen, Office of the Governor, Thomas M. Rogers, III, Legal Counsel, Craig R. Welling, Pamela A. Campos, Denver, Colorado, Attorneys for Defendants-Appellants State of Colorado and Bill Ritter, Jr.
Sherman & Howard, LLC, John W. Mill, Angela R. Whitford, Denver, Colorado, Attorneys for Defendant-Appellant Colorado Department of Education.
Hale Friesen LLP, Richard A. Westfall, Allan L. Hale, Denver, Colorado, Attorneys for Plaintiffs-Appellees.
Colorado Association of School Boards, Kathleen A. Sullivan, Denver, Colorado, Alexander Halpern LLC, Alexander Halpern, Michelle Murphy, Boulder, Colorado, Attorneys for Amici Curiae Colorado Association of School Boards, Colorado Association of School Executives and Denver Public Schools.
Colorado Education Association, Martha R. Houser, Denver, Colorado, Attorney for Amicus Curiae Colorado Education Association.
Hogan & Hartson LLP, Sean R. Gallagher, Tamera D. Westerberg, Denver, Colorado, Attorneys for Amici Curiae Eagle County, Boulder County, Larimer County and Ouray County.
Kelly Garnsey Hubbell + Lass LLC, Terrance R. Kelly, Denver, Colorado, Attorneys for Amicus Curiae Colorado Center on Law and Policy.
Kutak Rock LLP, Craig N. Johnson, Michael R. Johnson, Richard L. Buddin, Denver, Colorado, Attorneys for Amicus Curiae Special District Association of Colorado and Colorado Municipal League.
John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Geoffrey N. Blue, Deputy Attorney General, Denver, Colorado, Attorneys for Amicus Curiae The Attorney General, John Suthers, in his official capacity and on behalf of The People of the State of Colorado.
Kamlet Shepherd & Reichert LLP, Barry A. Schwartz, E. Lee Reichert, Denver, Colorado, Attorneys for Amicus Curiae The Colorado Children's Campaign.
Supreme Court of Colorado, En Banc.
Chief Justice MULLARKEY delivers the Opinion of the Court.
I. Introduction
This is an appeal from a declaratory judgment order of the Denver District Court holding unconstitutional the amendments made by SB 07-199 to the local share of the funding formula of the School Finance Act. The district court held that SB 07-199 violated article X, section 20 of the Colorado Constitution. We reverse the district court's order and remand the case with directions to...
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