DWYER v. STATE

Supreme Court Case No. 15SA22.

357 P.3d 185 (2015)

2015 CO 58

In re: Lindi DWYER and Paul Dwyer, as individuals and parents of Jayda Dwyer, Joslyn Dwyer, Janesha Dwyer, and Jentri Dwyer; Terri Siewiyumptewa, as an individual and as parent and natural guardian of Shane Siewiyumptewa and Kristen Johnson; Tracey Weeks and Monty Weeks, as individuals and as parents of Jared Weeks and Jordyn Weeks; Terri Piland and Jeffrey Piland, as individuals and as parents of Joseph Piland and George Piland; Colorado Rural Schools Caucus a/k/a Rural Alliance; East Central Board of Cooperative Educational Services; Colorado PTA; Boulder Valley School District; Colorado Springs School District No. 11; Mancos School District; Holyoke School District; and Plateau Valley School District 50, Plaintiffs, v. The STATE of Colorado; Robert Hammond, in his official capacity as Commissioner of Education of the State of Colorado; and John Hickenlooper, in his official capacity as Governor of the State of Colorado, Defendants.

Supreme Court of Colorado.

September 21, 2015.


Attorney(s) appearing for the Case

Attorneys for Plaintiffs: Arnold & Porter LLP, Timothy P. Macdonald , Nathaniel J. Hake , Reilly Pozner LLP, Sean Connelly , Bryan Cave LLP, Zhonette M. Brown , Denver, Colorado, Kathleen J. Gebhardt LLC, Kathleen J. Gebhardt , Boulder, Colorado.

Attorneys for Defendants: Cynthia H. Coffman , Attorney General, Frederick R. Yarger , Solicitor General, Michelle Merz-Hutchinson , First Assistant Attorney General, Antony B. Dyl , Senior Assistant Attorney General and Assistant Solicitor General, Jonathan P. Fero , Senior Assistant Attorney General and Assistant Solicitor General, William V. Allen , Senior Assistant Attorney General, Davin Dahl , Assistant Attorney General, Kathryn Starnella , Assistant Attorney General, Denver, Colorado.

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

Attorneys for Amici Curiae Colorado Concern, Denver Metro Chamber of Commerce, Colorado Competitive Council, Colorado Mining Association, Colorado Association of Mechanical and Plumbing Contractors, National Federation of Independent Business, and Associated General Contractors of Colorado: Brownstein Hyatt Farber Schreck, LLP, Jason R. Dunn , Denver, Colorado.

Attorneys for Amicus Curiae Colorado Education Association: Colorado Education Association, Kris Gomez , Denver, Colorado, National Education Association, Alice O'Brien , Eric Harrington , Kristen Hollar , Washington, DC.

Attorneys for Amicus Curiae Colorado Fiscal Institute: Heizer Paul LLP, Edward T. Ramey , Denver, Colorado.

Attorney for Amicus Curiae The Colorado Hispanic Bar Association: Daniel Spivey , Denver, Colorado.

Attorneys for Amicus Curiae Department of Business Officials of the Colorado Association of School Executives: Davis Graham & Stubbs, LLP, Terry R. Miller , Kenzo Kawanabe , Anna-Liisa Mullis , Emily Wasserman , Denver, Colorado.

Attorneys for Amici Curiae Great Education Colorado, Education Foundation of Eagle County, Grassroots St. Vrain, and Colorado Latino Forum's Denver Metro Chapter: Faegre Baker Daniels LLP, David W. Stark , Jennifer K. Harrison , Denver, Colorado.

En Banc


¶ 1 In this original proceeding, we consider the legality of the "negative factor," a legislative enactment that operates to reduce education funding across all Colorado school districts. Plaintiffs below sued the State of Colorado, the Commissioner of Education, and the Governor (collectively...

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