Courts

Judge halts Gross Reservoir project—despite 60% completion and looming water risks

A federal judge ruled on Thursday that Denver Water is permanently barred from expanding the reservoir if an emergency stay is not obtained from the 10th Circuit Court of Appeals within 14 days.

The utility provider has been working to increase the height of the Gross Reservoir dam by 131 feet for over a decade. The project broke ground in 2022 and Denver Water says the project is already 60% complete.

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Taxpayers could foot the bill—twice—for Democrats’ lawsuit to dismantle TABOR

Colorado taxpayers may foot the bill twice if Democratic lawmakers manage to pass a resolution directing the legislature to sue the state in an attempt to invalidate the Taxpayer’s Bill of Rights. 

That’s because not only will taxpayers likely be responsible for paying the lawyers hired by the legislature to bring the case, but they’ll also be on the hook for the costs incurred by the Colorado Attorney General’s Office to defend against the legal challenge to TABOR, a constitutional amendment voters approved in 1992. 

If House Joint Resolution 1023 passes as expected, the General Assembly’s nonpartisan Office of Legislative Legal Services would likely hire a group of attorneys to file the lawsuit. In the past, the legislature’s third-party legal bills in much smaller cases have cost taxpayers tens of thousands of dollars.

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Elizabeth schools win court stay—banned books won’t return yet

On Thursday, April 3, a Denver-based federal judge ordered the Elizabeth School District to place 19 removed books on library shelves by the weekend, but on the morning of Friday, April 4, a judge with the 10th Circuit Court of Appeals issued a stay, meaning the books will remain off the shelves pending further legal proceedings.

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[UPDATED] Ganahl: Colorado GOP’s New Leadership Faces Rogue Holdouts as Williams’ Allies Cling to Power

The Colorado Republican Party’s newly elected leadership, led by Chair Brita Horn, is battling a desperate power grab by ex-Chairman David Williams and his allies. They refuse to let go despite the Colorado Republican State Central Committee’s (SCC) move to dismiss a contentious lawsuit. 

Horn, alongside allies Nancy Pallozzi and Todd Watkins, champions a fresh start, but Williams’ appointees—particularly the shadowy Colorado Republican State Party Controversy Investigative Committee (CRSPCIC) led by Matt Arnold—are digging in, in a legal standoff that seems more about ego than justice.

[UPDATED] Ganahl: Colorado GOP’s New Leadership Faces Rogue Holdouts as Williams’ Allies Cling to Power Read More »

Judge overrides parents, reinstates graphic books mid-appeal

A federal judge on Thursday refused to put her prior ruling on hold while an appeal plays out, and instead ordered Elizabeth School District to return 19 restricted books to library shelves by Saturday.

U.S. District Court Judge Charlotte N. Sweeney rejected the Elbert County district’s claims that her original order was unfair, “breathtakingly broad” and would require whole new library policies. She also slammed the district for disclosing, only after she issued her order, that it had “discarded” the disputed books entirely.

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Democrats launch legal assault on TABOR: Will the courts undo the will of Colorado voters?

By Marianne Goodland | Denver Gazette In 2011, a coalition of 33 individuals and groups, including current and former lawmakers, county commission and other elected officials and school districts, sued the state of Colorado, challenging the constitutionality of the Taxpayer’s Bill of Rights. A decade later, the lawsuit was dismissed on a technicality: the lawsuit,

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From Wyoming to Colorado: courts say corner crossing is legal

A ruling by a federal appeals court has concluded that a congressional act preempts a state’s power to impose and enforce its own trespass laws. Corner crossing, accessing public land from one piece to another where two parcels meet with two privately owned parcels without stepping foot on privately owned land, is now legal in the 10th Circuit’s six states: Wyoming, Colorado, New Mexico, Utah, Oklahoma and Kansas.

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