Colorado Supreme Court

2 East 14th Avenue

Denver, CO 80203

DATE FILED: January 23, 2017

CASE NUMBER: 2016SC639

Certiorari to the Court of Appeals, 2015CA582

District Court, City and County of Denver, 2013CV854
Petitioners:
TABOR Foundation A Colorado Nonprofit Corporation and
Penn Pfiffner,
v.
Respondents:
Regional Transportation District; Lorraine Anderson, Director
of the Regional Transportation District; Joseph Arcese,
Director of the Scientific And Cultural Facilities District;
Kent Bagley, Director of the Regional Transportation District;
Damon Barry, Director of the Scientific And Cultural
Facilities District; Barbara Brohl, Executive Director;
Colorado Department of Revenue; Bruce Daly, Director of
the Regional Transportation District; Paul Daniel Solano,
Director of the Regional Transportation District; Barbara
Deadwyler, Director of the Regional Transportation District;
Claudia Folska, Director of the Regional Transportation
District; Robert Grant, Director of the Scientific And Cultural
Facilities District; Dan Hopkins, Director of the Scientific
And Cultural Facilities District; Larry Hoy, Director of the
Regional Transportation District; Bill James, Director of the
Regional Transportation District; Rob Johnson, Director of
the Scientific And Cultural Facilities District; Kathy Kucsan,
Director of the Scientific And Cultural Facilities District;
Gary Lasater, Director of the Regional Transportation
District; Peggy Lehmann, Director of the Scientific And
Cultural Facilities District; Harold Logan, Jr., Director of the
Scientific And Cultural Facilities District; Judy Lubow,
Director of the Regional Transportation District; Natalie
Menten, Director of the Regional Transportation District;
Shepard Nevel, Director of the Scientific And Cultural
Facilities District; Angie Rivera Malpiede, Director of the
Regional Transportation District; Scientific And Cultural
Facilities District; Charles Sisk, Director of the Regional

Supreme Court Case No:

2016SC639

Transportation District; Kathryn Spuhler, Director of the

Scientific And Cultural Facilities District; Tom Tobiassen,
Director of the Regional Transportation District; Elaine
Torres, Director of the Scientific And Cultural Facilities
District; and Jeff Walker, Director of the Regional
Transportation District.
ORDER OF COURT

Upon consideration of the Petition for Writ of Certiorari filed in the above
cause, and now being sufficiently advised in the premises,
IT IS ORDERED that said Petition shall be, and the same hereby is,
GRANTED as to the issues set forth below, and the briefs shall be filed as follows:
(a) Petitioners Opening Brief shall be filed within forty two days from this
date;
(b) Respondent's Answer Brief shall be filed within thirty five days from
receipt of the Opening Brief;
(c) Petitioner's Reply Brief may be filed within twenty one days from receipt
of the Answer Brief.
Pursuant to C.A.R. 54(a), the record on file will be treated as though sent up
in response to a formal writ.

The issues as announced by the Court this day are as follows:

[REFRAMED] Whether H.B. 13-1272, which permits the Regional
Transportation District and the Scientific and Cultural Facilities District to
levy sales taxes on items previously exempt from sales taxes, requires voter
approval under the Taxpayers Bill of Rights (TABOR), Colo. Const. art. X,
20(4)(a).
Whether a taxpayer must prove beyond a reasonable doubt that a districts
levying of taxes without voter approval violates the Taxpayers Bill of
Rights (TABOR), Colo. Const. art. X, 20(4)(a).

DENIED AS TO ALL OTHER ISSUES.

The court notes that the names of various parties may have changed since
the recent election. Therefore IT IS FURTHER ORDERED that the parties
shall review and provide proposed updates to the caption within (14) days of
the date of this order.

BY THE COURT, EN BANC, JANUARY 23, 2017.