6 29 2015 Order Denying Cert
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Transcript of 6 29 2015 Order Denying Cert
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Colorado Supreme Court 2 East 14th Avenue Denver, CO 80203
Certiorari to the Court of Appeals, 2013CA1621 District Court, City & County of Denver, 2012CV3113
Petitioner: TABOR Foundation, a Colorado non-profit corporation, v. Respondents: Colorado Bridge Enterprise; Colorado Transportation Commission; and Douglas Aden, Heather Barry, Kathy Connell, Kathy Gilliland, Les Gruen, Gilbert Ortiz, Steve Parker, Trey Rogers, Gary M. Reiff, and Edward J. Peterson, all in their Official Capacities as members of the Colorado Transportation Commission.
Supreme Court Case No: 2014SC766
ORDER OF COURT
Upon consideration of the Petition for Writ of Certiorari to the Colorado
Court of Appeals and after review of the record, briefs, and the judgment of said
Court of Appeals,
IT IS ORDERED that said Petition for Writ of Certiorari shall be, and the
same hereby is, DENIED.
JUSTICE EID WOULD GRANT as to the following issues:
Whether an involuntary bridge surcharge levied on vehicle registration is a tax or a TABOR-exempt fee when the vehicle does not cross bridges funded by the surcharge.
DATE FILED: June 29, 2015 CASE NUMBER: 2014SC766
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Whether a TABOR-exempt enterprise must be operated as a self-supporting business and the transactions between the enterprise and customers must be market exchanges taking place in a competitive, arms-length manner.
Whether the General Assemblys definition of grant in section 24-77-102(7), C.R.S. (2014), correctly interpreted the purpose and meaning of TABOR.
BY THE COURT, EN BANC, JUNE 29, 2015. JUSTICE MARQUEZ does not participate.