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COLORADO U. OF TAXPAYERS v. CITY OF ASPEN

Supreme Court Case No. 16SC377.

418 P.3d 506 (2018)

2018 CO 36

COLORADO UNION OF TAXPAYERS FOUNDATION, Petitioner, v. CITY OF ASPEN; Steve Skadron, Adam Frisch, Art Daily, Ann Mullins, and Bert Myrin, all in their official capacities as members of the Aspen City Council, Respondents.

Supreme Court of Colorado.

May 21, 2018.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Mountain States Legal Foundation, Steven J. Lechner , Lakewood, Colorado.

Attorneys for Respondents: City of Aspen, James R. True , City Attorney, Andrea S. Bryan , Assistant City Attorney, Aspen, Colorado.

Attorneys for Amicus Curiae Colorado Municipal League: Butler Snow LLP, Terrance Carroll , Martina Hinojosa , Dee P. Wisor , Denver, Colorado.

Attorney for Amicus Curiae The TABOR Foundation: Rebecca R. Sopkin , Lakewood, Colorado.

En Banc.

¶ 1 This case presents the question of whether Aspen's $0.20 paper bag charge is a tax subject to voter approval under the Taxpayer's Bill of Rights ("TABOR").1 The trial court held that this charge is not subject to TABOR because it is not a tax, but a fee...

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