Havens v. Board of County Commissioners

We granted certiorari before judgment, under C.A.R. 50, to review a judgment of the District Court for Archuleta County in favor of the Board of County Commissioners of Archuleta County (Board). 1 The district court held that article X, section 20, of the Colorado Constitution (Amendment 1) did not prohibit the County’s electorate from approving a referred measure authorizing re tention and expenditure of excess revenue collections which exceed Amendment 1 limits. Absent voter approval, Amendment 1 would have required refund of these revenues. Petitioner, F.T. Havens (Havens), contended that…