Face The State Staff Report
The Colorado Supreme Court has delayed its ruling on a controversial property tax increase for months, and at a Wednesday breakfast speech, Attorney General John Suthers speculated about the reasons for the delay.
SuthersFTS Staff Photo
Speaking before the Colorado Civil Justice League, a statewide tort reform coalition, an audience member asked Suthers when he expects the Colorado Supreme Court to rule on a controversial case concerning a Democrat-championed property tax increase ruled unconstitutional by a lower court.
"Something strange is going on over there," Suthers said. "That decision should have been made five months ago."
The question prompted Suthers to speculate about whether Chief Justice Mary Mullarkey, one of the court's staunchest liberals, was holding up the decision because she was attempting to persuade fellow justices to support the tax increase.
The 2007 School Finance Act, also known as Senate Bill 199, contained a provision that froze the state’s mill levy rates. Before the legislation, the rates were rolled back as property values increased to ensure that property taxes remained flat. By freezing the mill levy rates, property tax revenue went up as property values increased. In 2008, Denver District Judge Christina Habas declared the freeze unconstitutional under the state's Taxpayers Bill of Rights, known as TABOR, a constitutional amendment requiring voter approval of any change in tax policy that results in a net increase of government revenue.
In September, Gov. Bill Ritter and the State Board of Education, both plaintiffs in the case, appealed the decision to the Colorado Supreme Court. A provision within TABOR says cases that come before the court concerning TABOR violations should be given priority.
Suthers is no stranger to corruption
On March 4th, 2009 Bouldergeist says:
He knows when to look the other way. Anyone who makes it up the ladder in this state does.
Of course, Mullarkey is playing politics. She did it in the reapportionment case, and she will do it until the day she is indicted.