LOBATO v. STATE

No. 08SC185.

218 P.3d 358 (2009)

Anthony LOBATO, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Denise Lobato, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Jaime Hurtado and Coralee Hurtado, as individuals and as parents and natural guardians of Maria Hurtado and Evan Hurtado; Janet L. Kuntz, as an individual and as parent and natural guardian of Daniel Kuntz and Stacey Kuntz; Pantaleon Villagomez and Maria Villagomez, as individuals and as parents and natural guardians of Chris Villagomez, Monique Villagomez and Angel Villagomez; Linda Warsh, as an individual and as parent and natural guardian of Adam Warsh, Karen Warsh and Ashley Warsh; Elaine Gerdin, as an individual and as parent and natural guardian of N.T., J.G. and N.G.; Dawn Hartung, as an individual and as parent and natural guardian of Q.H.; Paul Lastrella, as an individual and as parent and natural guardian of B.L.; Woodrow Longmire, as an individual and as parent and natural guardian of Tianna Longmire; Steve Seibert and Dana Seibert, as individuals and as parents and natural guardians of Rebecca Seibert and Andrew Seibert; Olivia Wright, as an individual and as parent and natural guardian of A.E. and M.E.; Herbert Conboy and Victoria Conboy, as individuals and as parents and natural guardians of Tabitha Conboy and Timothy Conboy; Terry Hart, as an individual and as parent and natural guardian of Katherine Hart; Larry Howe-Kerr and Kathy Howe-Kerr, as individuals and as parents and natural guardians of Lauren Howe-Kerr and Luke Howe-Kerr; John T. Lane, as an individual; Jennifer Pate, as an individual and as parent and natural guardian of Ethan Pate and Evelyn Pate; Robert L. Podio and Blanche J. Podio, as individuals and as parents and natural guardians of Robert Podio and Samantha Podio; Tami Quandt, as an individual and as parent and natural guardian of Brianna Quandt, Cody Quandt and Levi Quandt; Brenda Christian, as an individual and as parent and natural guardian of Ryan Christian; Toni L. McPeek, as an individual and as parent and natural guardian of M.J. McPeek, Cassie McPeek and Michael McPeek; Christine Tiemann, as an individual and as parent and natural guardian of Emily Tiemann and Zachary Tiemann; Paula VanBeek, as an individual and as parent and natural guardian of Kara VanBeek and Antonius VanBeek; Larry Haller and Pennie Haller, as individuals and as parents and natural guardians of Kelly Haller and Brandy Haller; Tim Hunt and Sabrina Hunt, as individuals and as parents and natural guardians of Shannon Moore-Hiner, Eris Moore, Darean Hunt and Jeffrey Hunt; Mike McCaleb and Julie McCaleb, as individuals and as parents and natural guardians of Rebekka McCaleb, Layne McCaleb and Lynde McCaleb; Todd Thompson and Judy Thompson, as individuals and as parents and natural guardians of Garson Thompson and Tarek Thompson; Doug Vondy and Denise Vondy, as individuals and as parents and natural guardians of Kyle Leaf and Hannah Vondy; Brad Weisensee and Traci Weisensee, as individuals and as parents and natural guardians of Joseph Weisensee, Anna Weisensee, Amy Weisensee and Elijah Weisensee; Stephen Topping, as an individual and as parent and natural guardian of Michael Topping; Donna Wilson, as an individual and as parent and natural guardian of Ari Wilson, Sarah Patterson, Madelyn Patterson and Taren Wilson-Patterson; David Maes, as an individual and as parent and natural guardian of Cherie Maes; Debbie Gould, as an individual and as parent and natural guardian of Hannah Gould, Ben Gould and Daniel Gould; Lillian Leroux, as an individual and as parent and natural guardian of Ari Leroux, Lillian Leroux, Ashley Leroux, Alexandria Leroux and Amber Leroux; Theresa Wrangham, as an individual and natural guardian of Rachel Wrangham and Deanna Wrangham; Alamosa School District, No. RE-11J; Centennial School District No. R-1; Center Consolidated School District No. 26 JT, of the Counties of Saguache and Rio Grande and Alamosa; Creede Consolidated School District No. 1 in the County of Mineral and State of Colorado; Del Norte Consolidated School District No. C-7; Moffat School District No. 2, in the County of Saguache and State of Colorado; Monte Vista School District No. C-8; Mountain Valley School District No. RE 1; North Conejos School District No. RE 1J; Sanford School District No. 6, in the County of Conejos and State of Colorado; Sangre De Cristo School District, No. RE-22J; Sargent School District No. RE-33J; Sierra Grande School District No. R-30; and South Conejos School District No. RE 10, Petitioners v. The STATE of Colorado; Colorado State Board of Education; Dwight Jones, in his official capacity as Commissioner of Education of the State of Colorado; and Bill Ritter, in his official capacity as Governor of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

October 19, 2009.


Attorney(s) appearing for the Case

Alexander Halpern LLC, Alexander Halpern, Michelle Murphy, Jennifer Albert Morgan, Kathleen J. Gebhardt LLC, Kathleen J. Gebhardt, Boulder, Colorado, Attorneys for Petitioners.

John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Antony B. Dyl, Senior Assistant Attorney General, Carey Taylor Markel, Senior Assistant Attorney General, Denver, Colorado, Attorneys for Respondents.

Kutz & Bethke LLC, William P. Bethke, Lakewood, Colorado, Attorneys for Amicus Curiae Colorado League of Charter Schools.

Colorado Association of School Boards, Kathleen Sullivan, Denver, Colorado, Attorneys for Amici Curiae Colorado Association of School Boards and Colorado Association of School Executives.

Colorado Education Association, Martha R. Houser, Bradley C. Bartels, Denver, Colorado, Attorneys for Amicus Curiae Colorado Education Association.

Kelly Garnsey Hubbell ± Lass LLC, Martha M. Tierney, Denver, Colorado, Attorneys for Amicus Curiae Education Justice at Education Law Center.

Morrison & Foerster LLP, Steven M. Kaufmann, Osman E. Nawaz, Denver, Colorado, Colorado Center on Law and Policy, Edwin S. Kahn, Special Counsel Denver, Colorado, Attorneys for Amici Curiae Colorado Lawyers Committee and the Colorado Center on Law and Policy.

Davis Graham & Stubbs LLP, Kenzo S. Kawanabe, Terry R. Miller, Denver, Colorado, Attorneys for Amicus Curiae Great Education Colorado.

Maldef, David G. Hinojosa, Nina Perales, San Antonio, Texas, Holme, Roberts & Owen, LLP, Manuel L. Martinez, Denver, Colorado, Attorneys for Amici Curiae Padres Unidos, and the Multicultural Education, Training & Advocacy, Inc.


Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this appeal, we review the court of appeals' decision that the plaintiff school districts lack standing to sue the state, and that plaintiff parents, who challenge the adequacy of our public school funding system under the education clause of the Colorado Constitution, presented a nonjusticiable political question. Lobato v. State, 216 P.3d 29 ...

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