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TABOR FOUNDATION v. CO BRIDGE ENTERPRISE

Court of Appeals No. 13CA1621.

353 P.3d 896 (2014)

2014 COA 106

TABOR FOUNDATION, a Colorado non-profit Corporation, Plaintiff-Appellant, v. COLORADO BRIDGE ENTERPRISE; Colorado Transportation Commission; Trey Rodgers, Gary M. Reiff, Heather Barry, Kathy Gilliland, Kathy Connell, Douglas Aden, Steve Parker, Les Gruen, Gilbert Ortiz, and Edward J. Peterson, all in their official capacity as a member of the Colorado Transportation Commission, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Announced August 14, 2014.

Attorney(s) appearing for the Case

James M. Manley , Denver, Colorado; Steven J. Lechner , Lakewood, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, Harry S. Morrow , Assistant Attorney General, Megan Paris Rundlet , Assistant Attorney General, Robert C. Huss , Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Colorado Bridge Enterprise.

Recht Kornfeld, P.C., Mark G. Grueskin , Denver, Colorado, for Defendants-Appellees Colorado Transportation Commission, Trey Rodgers, Gary M. Reiff, Heather Barry, Kathy Gilliland, Kathy Connell, Douglas Aden, Steve Parker, Les Gruen, Gilbert Ortiz, and Edward J. Peterson.

Opinion by JUDGE CASEBOLT

¶ 1 In this proceeding involving the Taxpayer's Bill of Rights (TABOR), Colo. Const. art. X, § 20, plaintiff, TABOR Foundation (Foundation), appeals the judgment denying its claims for injunctive relief and declaratory judgment against the Colorado Bridge Enterprise (CBE); the Colorado Transportation Commission (Commission); and the individual members of the Commission, Trey Rodgers, Gary M. Reiff, Heather Barry, Kathy...

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