The Colorado Department of Education (CDE) and Governor Bill Ritter are defendants in a case filed by the Independence Institute (disclosure: where I work) and numerous aggrieved taxpayers over a 2007 law that raised property taxes without a proper vote of the people, as required by the Taxpayer's Bill of Rights. Denver District Court Judge Christine Habas came down on the side of the people nearly seven months ago, but the Colorado Supreme Court has been silent since - despite reasonable expectations that critical tax revenue issues be addressed in a timely manner. As Face The State reports, CDE needs the Supreme Court to "hurry up":In June, Ritter, a defendant alongside CDE, appealed the decision to the state's highest court. Oral … [Read more...]
AG John Suthers’ Taxpayer-Friendly Brief Unlikely to Sway Political Court
Mike Saccone reports some pleasing but unsurprising news: Attorney General John Suthers has submitted a friendly brief to the Colorado Supreme Court on behalf of the people of the state, and the district court decision that upheld their rights to vote on a tax increase. But Governor Bill Ritter is probably resting easier than he should, knowing that the political High Court has every reason to favor the Democrats who appropriated them money to construct a new courtroom building. Color me cynical, and hope that I am surprised. … [Read more...]
Amendment 47 Moves Past Frivolous Legal Attacks to Make Public Case
A common and repeated tactic of the Left this year has been to throw frivolous legal challenges at ballot initiatives they don't like in an effort to keep Coloradans from deciding the issues themselves. Well, last Thursday the Denver Business Journal reported that a judge has tossed out legal complaints against one certain initiative:A Denver District Court judge on Wednesday dismissed a lawsuit from opponents of Amendment 47, the so-called “right-to-work†ballot initiative that would bar labor unions from collecting mandatory dues in workplaces that engage in collective bargaining. Incidentally, the same publication endorsed Amendment 47 only days before (subscription required). Meanwhile, Fred Barnes at the Weekly Standard has an … [Read more...]
Bill Ritter, Tax Increases, Unions, and the Colorado Supreme Court
With a little shameless self-promotion, I tie it all together on the longest day of the calendar year. First, news broke earlier this week that Gov. Bill Ritter has done the inevitable, by agreeing to appeal a district court ruling that came to the clear and appropriate conclusion that Ritter erred in raising school property taxes without voter permission. Sure, I could link to lots of articles that highlight this news, but only the one in the Denver Daily News quotes the author of this blog:"I believe the district court judge did the right thing by recognizing that Colorado voters should be asked before they endure a tax increase," said Ben DeGrow, a policy analyst at the Independence Institute. "It's simply a matter of honoring the … [Read more...]
Bill Ritter Could Be Left All Alone to Defend His Property Tax Increase
From Face The State today:While Gov. Bill Ritter has eagerly insisted that he will appeal a Friday court ruling establishing that a mill levy freeze amounts to an unconstitutional tax increase under Colorado law, members of the state Board of Education, a defendant in the case, remain undecided about whether they will formally join in support of Ritter's challenge. It appears the District Court ruling may have emboldened the two Republicans on the State Board to change their mind. The Board meets in executive session tomorrow:Vice Chairman Bob Schaffer, R-Fort Collins, introduced in April a motion for the board to take a formal position, by way of public vote, on whether the department would “defend the lawsuit or [agree with] the … [Read more...]
What Does Bill Ritter Know about Court to Gamble Taxpayer Dollars?
Yesterday, highlighting Governor Bill Ritter's arrogant response to the recent court decision finding his property tax hike unconstitutional, Republican leaders in the state legislature Mike May and Andy McElhany dashed off a scathing letter:It is irresponsible to assume that the Colorado Supreme Court will overturn the decision of the District Court that your property tax proposal from last year is unconstitutional. A new analysis by Legislative Council shows that the cost of doing nothing to address this possibility, before the budget goes into effect on July 1, 2008, will be $272 million! The price of inaction is too great. Serving in the justice system, you saw how difficult it is to win on appeal, and must recognize the need for … [Read more...]
Bernie Buescher Lax about Dollars Taken by Ritter’s Unauthorized Tax Hike
It's not just Democrat Governor Bill Ritter who is presuming to wager more than $100 million in taxpayer funds on his confidence in the state supreme court overturning a decision against his unconstitutional property tax increase. The Grand Junction Free Press reports about the lax attitude of a ranking Democrat incumbent from the Western Slope:The appeal has not been scheduled, and Democratic Rep. Bernie Buescher of Grand Junction believes it’s too soon to make a plan for a change that may never come. The article explains that the money collected starts to be spent on July 1. And while Republican lawmakers Rep. Steve King and Sen. Josh Penry want to work quickly to find a prudent solution, Bernie Buescher (pictured) has taken a … [Read more...]
Bill Ritter and the Colorado Democrats’ Unauthorized Tax Hike Goes to Court
At long last, court hearings begin today in the case of Gov. Bill Ritter raising Coloradans' property taxes without a constitutional vote of the people. From the Denver Post:The freeze is estimated to bring in $117 million this year and $3.8 billion over a decade, up from an initial estimate of $1.7 billion when it was passed. Richard Westfall, an attorney for the plaintiffs, said the two sides will call about 10 witnesses, likely including school finance experts, the state treasurer and school board members. Dreyer said Ritter is not expected to testify. "A lot of the discussion is going to be about addressing pretty esoteric points in the school finance act," Westfall said. The trial is scheduled to last a week. It will be … [Read more...]
Legal Victory for Taxpayers a Resounding Theme for Colorado GOP
From the GOP Convention in Broomfield... The Rocky Mountain News reports on yesterday's taxpayer victory in the courtroom:A law expected to raise $1.7 billion for Colorado schools over the next 11 years is unconstitutional because it gives the state more tax revenue without required approval from voters, a judge ruled Friday. Latest estimates are actually $3.8 billion, not $1.7 billion, but the news is good just the same. In his introductory remarks, state party chair Dick Wadhams' mention of the court ruling against Gov. Bill Ritter's tax hike earned perhaps the biggest applause from the Republican faithful gathered here at the Broomfield Event Center. If you don't think this is going to be a major GOP campaign theme heading into … [Read more...]
Bill Ritter’s Tax Hike on Trial: Day 1
Yesterday was the first day of the court hearing on the lawsuit by the Independence Institute (where I work) and Colorado taxpayers against Gov. Bill Ritter's unconstitutional property tax increase. Today's Denver Post explains a key issue behind the plaintiffs' argument:They noted that in 1993, the General Assembly amended the School Finance Act to ensure that the property taxes raised for the local share of total program funding for public-school education in each school not violate the revenue cap of the Taxpayer's Bill of Rights. But with passage of the 2007 amendment, Ritter used it to freeze mill-levies, the opponents charged. The freeze holds mill levies — the rate at which taxes are charged — in place when they normally … [Read more...]