Mark Grueskin, an attorney frequently used by Democrats to litigate heated political issues, is at it again. On Thursday, he tried to convince the Colorado Supreme Court to overturn a lower court ruling that a $3.8 billion tax increase, imposed by the state legislature and backed by Gov. Bill Ritter, violated a state constitutional amendment mandating that all tax increases require voter approval.
Ritter, a Democrat, is refusing to accept the decision by Denver District Judge Christina Habas that a “mill levy freeze” is actually an unconstitutional tax increase that violates the Taxpayers Bill of Rights. The Independence Institute, along with Mesa County Commissioners and aggrieved property owners, sued the Colorado Department of Education over a mill levy freeze that was included in the 2007 School Finance Act. Ritter voluntarily intervened in the case and insiders suspect he is banking on the liberal court to rule in his favor.
TABOR requires a vote of the people whenever a change in public policy results in a revenue increase for the government. Richard Westfall, attorney for the plaintiffs, says the 2007 law in question froze mill levy rates and because property values continue to rise, the frozen tax rate resulted in $117.8 million of new revenue. State Treasurer Cary Kennedy, a Democrat, acknowledged this fact on the stand in Denver District Court.
“Will the justices be able to put aside their political disdain for this part of the law?” asks Jon Caldara, president of the Independence Institute. Caldara said he has heard from “those on the left” that the law is on his side, but that Colorado’s Supreme Court justices are not.
The justices have set no date for a ruling.