By Jen Schumann | Contributor, Rocky Mountain Voice
Even though it’s unlawful to increase taxes in Colorado without a vote of the people, vigilance keeps it enforced.
When Northeast Coloradan residents noticed their property taxes double from 2019 to 2020, a few of them filed suit against the Lower South Platte Water Conservancy District.
Unanimously, the Colorado Appellate Court ruled in March this was a violation of the Taxpayer Bill of Rights (TABOR). The Colorado Supreme Court affirmed this ruling and denied the defendant’s appeal on Sept. 30.
With help from the National Taxpayers Union Foundation’s (NTUF) Taxpayer Defense Center and Advance Colorado, James Aranci and other property owners cinched this victory reaffirming TABOR: any tax increase needs voter consent, and bypassing that process is unconstitutional.
“We’re glad the Colorado Supreme Court declined to review this case further and left in place the unanimous decision by the Court of Appeals,” said NTUF Senior Attorney Tyler Martinez.
This win extends beyond a court victory. The water district is now required to refund improperly collected taxes. But the impact of this case goes beyond just financial compensation. It reinforces the strength of TABOR as a protection for Colorado taxpayers against unauthorized tax hikes.
This rejection by the Colorado Supreme Court is also a strong message to government entities: if you’re planning to raise taxes, follow the rulebook as outlined in TABOR. Or, you’ll likely face legal consequences.
Chuck Miller, one of the plaintiffs, expressed gratitude for the legal help and said, “We wanted to stand up for all taxpayers in the district and protect our TABOR rights.”
This case highlights the ongoing need to defend taxpayer rights through the courts. With the Colorado Supreme Court’s decision, James Aranci and his neighbors secured a major victory, reaffirming that taxpayer approval for tax increases isn’t just a suggestion—it’s the law.