KERR v. POLIS

No. 17-1192.

930 F.3d 1190 (2019)

Andy KERR, Colorado State Representative; Norma V. Anderson; Jane M. Barnes, member Jefferson County Board of Education; Elaine Gantz Berman, member State Board of Education; Alexander E. Bracken; William K. Bregar, member Pueblo District 70 Board of Education; Bob Briggs, Westminster City Councilman; Bruce W. Broderins, member Weld County District 6 Board of Education; Trudy B. Brown; John C. Buechner, Ph.D., Lafayette City Councilman; Stephen A. Burkholder; Richard L. Byyny, M.D.; Lois Court, Colorado State Representative; Theresa L. Crater; Robin Crossan, member Steamboat Springs Re-2 Board of Education; Richard E. Ferdinandsen; Stephanie Garcia, member Pueblo City Board of Education; Kristi Hargrove; Dickey Lee Hullinghorst, Colorado State Representative; Nancy Jackson, Arapahoe County Commissioner; Claire Levy, Colorado State Representative; Margaret Markert, Aurora City Councilwoman, a/k/a Molly Markert; Megan J. Masten; Michael Merrifield; Marcella L. Morrison, a/k/a Marcy L. Morrison; John P. Morse, Colorado State Senator; Pat Noonan; Ben Pearlman, Boulder County Commissioner; Wallace Pulliam; Frank Weddig, Arapahoe County Commissioner; Paul Weissmann; Joseph W. White; Cheyenne Wells Re-5 School District Board of Education; Susan Lontine; Denver County Public Schools Board of Education; K.C. Becker; Board of County Commissioners of Boulder County; Boulder Valley School District Re-2 Board of Education; Gunnison County Metropolitan Recreation District; Leslie Herod; Pueblo City District 60 Board of Education; Christopher J. Hansen; Gunnison Watershed Re-IJ School District Board of Education; Colorado Springs District 11 Board of Education; Poudre School District Board of Education; Pueblo County School District 70 Board of Education; William G. Kaufman, Plaintiffs-Appellants, v. Jared POLIS, Governor of Colorado in his official capacity, Defendant-Appellee. Colorado Association of School Boards and Colorado Association of School Executives; The Colorado Union of Taxpayers Foundation; Mountain States Legal Foundation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED July 22, 2019.


Attorney(s) appearing for the Case

David E. Skaggs , Dentons US LLP, Denver, Colorado ( Lino S. Lipinsky de Orlov , Dentons US LLP, Denver, Colorado, Herbert Lawrence Fenster and Shannon Tucker , Covington & Burling LLP, Washington, D.C., Michael F. Feeley , Sarah M. Clark , Carrie E. Johnson , and Cole J. Woodward , Brownstein Hyatt Farber Schreck LLP, Denver, Colorado, and John A. Herrick , Denver Colorado, with him on the briefs), for Plaintiffs-Appellants.

Frederick R. Yarger , Solicitor General ( Cynthia H. Coffman , Attorney General, Glenn E. Roper , Deputy Solicitor General, Megan Paris Rundlet , Assistant Solicitor General, Kathleen Spalding , Senior Assistant Attorney General, Stephanie Lindquist Scoville , Senior Assistant Attorney General, and Matthew D. Grove , Assistant Solicitor General, with him on the brief), Office of the Attorney General for the State of Colorado, Denver, Colorado, for Defendant-Appellee.

Shannon Wells Stevenson and Kyle W. Brenton , Davis Graham & Stubbs LLP, Denver, Colorado, filed an Amici Curiae brief in support of Plaintiffs-Appellants.

Steven J. Lechner and Cody J. Wisniewski , Mountain States Legal Foundation, Lakewood, Colorado, filed an amici brief in support of Defendant-Appellee.

Before BRISCOE, SEYMOUR, and HOLMES, Circuit Judges.


This case has a long history. The issue currently before us is whether certain school districts, a special district board, and/or a county commission have standing to challenge Colorado's Taxpayer Bill of Rights ("TABOR"). Colo, Const. art. X, § 20. TABOR allows the people of Colorado to raise or prevent tax increases...

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