HUBER v. COLORADO MINING ASS'N

No. 10SC220.

264 P.3d 884 (2011)

Roxy HUBER, in her capacity as Executive Director of the Department of Revenue, State of Colorado; the Colorado Department of Revenue; and the State of Colorado, Petitioners v. COLORADO MINING ASSOCIATION; Twentymile Coal Company; Mountain Coal Company, LLC; Colowyo Coal Company, L.P.; Oxbow Mining, LLC; Trapper Mining, Inc.; and Bowie Resources, LLC, Respondents.

Supreme Court of Colorado, En Banc.

October 31, 2011.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Daniel D. Domenico , Solicitor General, Maurice G. Knaizer , Deputy Attorney General, Matthew D. Grove , Assistant Attorney General, Denver, Colorado, Attorneys for Petitioners.

Moye White LLP, Paul M. Seby , Marian C. Larsen , Denver, Colorado, Attorneys for Respondents.

Featherstone Petrie DeSisto LLP, Matthew A. Morr , Denver, Colorado, Attorneys for Amici Curiae Colorado Association of Commerce and Industry; Denver Metro Chamber of Commerce.

Rothgerber Johnson & Lyons LLP, Thomas J. Dougherty , Denver, Colorado, Attorneys for Amicus Curiae Tri-State Generation and Transmission Association, Inc.


Justice HOBBS delivered the Opinion of the Court.

We granted certiorari in this case to review the court of appeals' decision in Colorado Mining Ass'n v. Huber, 240 P.3d 453 (Colo.App.2010).1 The court of appeals ruled that Article X, Section 20 of the Colorado Constitution ("Amendment 1") requires statewide voter approval each time the Colorado Department of Revenue ("Department") calculates an...

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