Legal Opinion · Concurring in part, dissenting in part

Barber v. Ritter

Colorado Court of Appeals

Decided November 13, 2007No. 05CA0752Published

1Concurring in part, dissenting in part

Judge HAWTHORNE

concurring in part and dissenting in part.

I concur with parts II and III(D) of the majority opinion. I respectfully dissent from part III(C), in which the majority concludes that the Taxpayers have standing to challenge transfers from the special funds into the general fund. I do not agree with the majority's conclusion that the Taxpayers have standing in this case because I conclude they have not alleged an injury in fact and because they lack standing to assert the claims of third parties. Given these conclusions, I would not reach the merits and therefore express no opinion…

2Cases cited11 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Schlesinger v. Reservists Committee to Stop the WarSupreme Court of the United States · 1974
  3. Lance v. CoffmanSupreme Court of the United States · 2007
  4. Miller v. AlbrightSupreme Court of the United States · 1998
  5. Wimberly v. EttenbergSupreme Court of Colorado · 1977

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