Campbell v. Meyer, No. 93CA1565
| Docket Nº | No. 93CA1565 |
| Citation | 883 P.2d 617 |
| Case Date | September 22, 1994 |
| Court | Court of Appeals of Colorado |
Page 617
Plaintiffs-Appellants and Cross-Appellees,
v.
Natalie MEYER, in her official capacity as Secretary of
State of the State of Colorado, and the State of
Colorado, Defendants-Appellees and
Cross-Appellants.
Div. II.
Page 618
Kevin B. Pratt, Colorado Springs, for plaintiffs-appellants and cross-appellees.
Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Stephen G. Smith, Asst. Atty. Gen., Denver, for defendants-appellees and cross-appellants.
Opinion by Judge MARQUEZ.
In this action for declaratory relief and permanent injunction, plaintiffs, Douglas Campbell, Clyde Harkins, and Douglas Bruce, appeal a summary judgment in favor of defendants, Natalie Meyer, the Secretary of State; and the State of Colorado, on plaintiffs' claims that the ballot title for HB 93-1330 is improper and that HB 93-1330 is unconstitutional. The state cross-appeals a summary judgment in favor of plaintiffs requiring the entire ballot title to be capitalized. We conclude the appeal and cross-appeal are moot and, therefore, dismiss them.
Colo. Const. art. X, § 20, also known as the Taxpayer's Bill of Rights (TABOR), was an initiated constitutional amendment approved by the voters at the 1992 general election. TABOR took effect on December 31, 1992.
The General Assembly passed HB 93-1330, also called the "tourism subsidy tax," in 1993, subject to voter approval. HB 93-1330 included a ballot title for the referred tourism subsidy tax which provided in pertinent part:
Shall state taxes be increased by $13,100,000 annually in the first full fiscal year of implementation, and by $13,100,000 as adjusted for inflation plus the percentage change in state population for each fiscal year after the first full fiscal year of implementation, by reinstating the 0.2 percent sales tax on tourist-related items ...?
Plaintiffs filed a complaint on August 10, 1993, asserting that: (1) HB 93-1330 violates TABOR because it does not state the specific dollar amount of revenue increase to be used in calculating fiscal year spending; (2) the ballot title in HB 93-1330 violates TABOR because it sets out a formula for increase in tax revenues, instead of stating a specific dollar increase; and (3) the ballot title violates TABOR because it was not printed in capital letters.
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Barber v. Ritter, No. 05CA0752.
...moot. A case is moot when a judgment, if rendered, would have no practical legal effect upon an existing controversy. Campbell v. Meyer, 883 P.2d 617 We will not consider and rule on the merits of an appeal when the issues presented to the trial court have become moot due to subsequent even......
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Antolovich v. Brown Group Retail, Inc., No. 04CA1528.
...of residential property be based on an appraisal using the market approach became effective on December 31, 1992. See Campbell v. Meyer, 883 P.2d 617, 618 These intervening changes in the law since Bankers Trust was decided have elevated "market value" to more than merely a "......
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Copper Mountain, Inc. v. Industrial Systems, No. 06CA0560.
...of subrogation clause applied to work and non-work portions of Union Creek Lodge, we need not address this issue. See Campbell v. Meyer, 883 P.2d 617, 618 The judgment is affirmed. Judge ROY and Judge BERNARD concur. ...
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Grossman v. Dean, No. 02CA1219.
...issues of great public importance or recurring constitutional violations. Dempsey v. Romer, 825 P.2d 44 (Colo.1992); Campbell v. Meyer, 883 P.2d 617 We conclude that both exceptions to the mootness doctrine apply here. First, this case involves an issue that is capable of repetition, yet ev......
-
Barber v. Ritter, No. 05CA0752.
...moot. A case is moot when a judgment, if rendered, would have no practical legal effect upon an existing controversy. Campbell v. Meyer, 883 P.2d 617 We will not consider and rule on the merits of an appeal when the issues presented to the trial court have become moot due to subsequent even......
-
Antolovich v. Brown Group Retail, Inc., No. 04CA1528.
...of residential property be based on an appraisal using the market approach became effective on December 31, 1992. See Campbell v. Meyer, 883 P.2d 617, 618 These intervening changes in the law since Bankers Trust was decided have elevated "market value" to more than merely a "......
-
Copper Mountain, Inc. v. Industrial Systems, No. 06CA0560.
...of subrogation clause applied to work and non-work portions of Union Creek Lodge, we need not address this issue. See Campbell v. Meyer, 883 P.2d 617, 618 The judgment is affirmed. Judge ROY and Judge BERNARD concur. ...
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Grossman v. Dean, No. 02CA1219.
...issues of great public importance or recurring constitutional violations. Dempsey v. Romer, 825 P.2d 44 (Colo.1992); Campbell v. Meyer, 883 P.2d 617 We conclude that both exceptions to the mootness doctrine apply here. First, this case involves an issue that is capable of repetition, yet ev......