Public Trust Institute Clients Sue Estes Park for Six-Year-Long TABOR Violation

FOR IMMEDIATE RELEASE
Contact: Dan Burrows (press@publictrustinstitute.org)

Suit Challenges $4.2 Million Agreement with Federal Government that Was Never Approved by Voters

The Public Trust Institute filed a lawsuit today against the Town of Estes Park alleging that the town knowingly violated the Colorado Constitution’s Taxpayer’s Bill of Rights (TABOR) when its Board of Trustees agreed to pay the U.S. Department of the Interior $4.2 million to help fund a road construction project.

TABOR generally prohibits Colorado governments from entering into multi-year financial obligations without getting voter approval.

“In Colorado, we take consent of the governed seriously. If the government wants to take on a big financial obligation, it has to get the voters’ permission. It’s as simple as that,” said Dan Burrows, the Institute’s legal director. “But, once again, politicians have tried to sneak one past us. You could almost set your watch by these things.”

Estes Park’s attorney warned its board back in February that they were violating TABOR and the board admitted in a public meeting that it had violated the law. But the board refused to send the issue to the voters in the recent election and has failed to do anything else to fix the obvious constitutional violation.

“We appreciate that Estes Park has been up front about the TABOR violation. But, since coming clean, they’ve been dragging their feet hoping the issue will go away,” said Burrows. “Public officials take an oath to support the Colorado Constitution. It’s time for the Estes Park Board of Trustees to find the courage to stand by that oath.”

The Institute’s clients in the case are three respected, long-time Estes Park citizens who have been deeply involved in public issues: Todd Jirsa, the town’s former major, Bill Van Horn, the town’s former planner and public works director, and Rick Grigsby, a retired attorney who now restores historical properties in the town. The suit has been filed in Larimer County District Court in Fort Collins.