TABOR FOUNDATION v. REGIONAL TRANSP. DIST.

Court of Appeals No. 15CA0582.

417 P.3d 850 (2016)

2016 COA 102

TABOR FOUNDATION, a Colorado non-profit corporation; and Penn Pfiffner, Plaintiffs-Appellants, v. REGIONAL TRANSPORTATION DISTRICT; Bill James, Director of the Regional Transportation District; Barbara Deadwyler, Director of the Regional Transportation District; Angie Rivera Malpiede, Director of the Regional Transportation District; Jeff Walker, Director of the Regional Transportation District; Claudia Folska, Director of the Regional Transportation District; Tom Tobiassen, Director of the Regional Transportation District; Gary Lasater, Director of the Regional Transportation District; Kent Bagley, Director of the Regional Transportation District; Judy Lubow, Director of the Regional Transportation District; Larry Hoy, Director of the Regional Transportation District; Paul Daniel Solano, Director of the Regional Transportation District; Lorraine Anderson, Director of the Regional Transportation District; Natalie Menten, Director of the Regional Transportation District; Bruce Daly, Director of the Regional Transportation District; Charles Sisk, Director of the Regional Transportation District; Scientific and Cultural Facilities District; Kathryn Spuhler, Director of the Scientific and Cultural Facilities District; Kathy Kucsan, Director of the Scientific and Cultural Facilities District; Dan Hopkins, Director of the Scientific and Cultural Facilities District; Peggy Lehmann, Director of the Scientific and Cultural Facilities District; Joseph Arcese, Director of the Scientific and Cultural Facilities District; Damon Barry, Director of the Scientific and Cultural Facilities District; Robert Grant, Director of the Scientific and Cultural Facilities District; Rob Johnson, Director of the Scientific and Cultural Facilities District; Harold Logan, Jr., Director of the Scientific and Cultural Facilities District; Shepard Nevel, Director of the Scientific and Cultural Facilities District; Elaine Torres, Director of the Scientific and Cultural Facilities District; Marjorie Long, Director of the Scientific and Cultural Facilities District; Colorado Department of Revenue; and Barbara Brohl, Executive Director of the Colorado Department of Revenue, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Announced June 30, 2016.


Attorney(s) appearing for the Case

Mountain States Legal Foundation, Jeffrey W. McCoy , Steven J. Lechner , Lakewood, Colorado, for Plaintiffs-Appellants.

Marla L. Lien , Mindy Marie Swaney , Denver, Colorado, for Defendant-Appellee Regional Transportation District.

Norton & Smith, P.C., Charles E. Norton , Denver, Colorado, for Defendant-Appellee Scientific and Cultural Facilities District.

Cynthia H. Coffman , Attorney General, Robert H. Dodd, Jr. , Senior Assistant Attorney General, Terence C. Gill , Senior Assistant Attorney General, Alison K. Blair , Senior Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Colorado Department of Revenue.

Ashby and Harris, JJ., concur.


¶ 1 This case arose under the Taxpayer's Bill of Rights (TABOR), Colo. Const. art. X, § 20. Plaintiffs, TABOR Foundation and Penn Pfiffner (the Foundation), appeal the summary judgment, entered on stipulated facts, in favor of defendants, Regional Transportation District (RTD), Scientific and Cultural Facilities...

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