Pikes Peak Prevails in Taxpayer Lawsuit

http://www.ala.org/ala/alonline/currentnews/newsarchive/alnews2004/december2004ab/pikesprevails.cfm

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Posted December 10, 2004.

Pikes Peak Prevails in Taxpayer Lawsuit

Judgment was for the Pikes Peak Library District in a November 22 decision from El Paso County (Colo.) District Court, which granted a motion for summary judgment submitted by PPLD and rejected the claims of antitax activist Douglas Bruce that the library owed taxpayers a refund of several million dollars. Bruce filed suit last year, contending that PPLD’s tax-rate increase violated the Colorado Taxpayer’s Bill of Rights (TABOR).

Announcing the decision December 3, the library claimed victory on all three points of complaint: The judgment found that the district’s 1986 mill-levy authorization did constitute voter approval in advance for subsequent increases, that the library has complied with TABOR limitations on spending and revenue, and that the district’s lease and purchase agreements do include nonappropriation clauses and do not equate to multiyear fiscal obligations.

Bruce has filed a notice of appeal to ask the Colorado Court of Appeals to review the judgment, but the library “is confident that the appellate courts will affirm the district court’s decision.”

“We are anxious to put this case behind us and return to the business of building capacity and operating award-winning libraries,” said PPLD Executive Director José Aponte. “Our focus needs to be on ensuring excellent service and resources for everyone in the district.”

Posted December 10, 2004.