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VAGNEUR v. CITY OF ASPEN

Supreme Court Case No. 09SC1022.

295 P.3d 493 (2013)

2013 CO 13

Curtis VAGNEUR and Jeffrey Evans, Petitioners v. CITY OF ASPEN; Kathryn Koch, in Her Official Capacity as City Clerk for the City of Aspen; Karen Goldman, in Her Official Capacity as Administrative Hearing Officer Pursuant to Section 31-11-110(3), C.R.S. (2009); Les Holst; Clifford Weiss; and Terry Paulson, Respondents.

Supreme Court of Colorado.

February 11, 2013.

Attorney(s) appearing for the Case

Attorneys for Petitioners: Heizer Paul Grueskin LLP, Edward T. Ramey , Denver, Colorado, Wright & LaSalle, LLP, Gary A. Wright , Aspen, Colorado.

Attorneys for Respondents City of Aspen, Kathryn Koch, and Karen Goldman: John P. Worcester , City Attorney, Jim R. True , Special Counsel, Aspen, Colorado.

Attorneys for Respondents Holst, Clifford Weiss, and Terry Paulson: Klein, Coté & Edwards, LLC, Herbert S. Klein , Lance R. Coté , Aspen, Colorado.

Attorney for Amicus Curiae Colorado Common Cause: Holland & Hart, LLP, J. Lee Gray , Greenwood Village, Colorado.

En Banc

JUSTICE MÁRQUEZ delivered the opinion of the Court.

¶ 1 We granted certiorari review to consider whether two citizen-initiated proposed ordinances regarding the design and construction of a state highway entrance to the City of Aspen are administrative in character and therefore outside the scope of the initiative power reserved to the people under article V, sections 1(1) and 1(9) of the Colorado Constitution.1

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