State high court takes Cacioppo case | VailDaily.com

State high court takes Cacioppo case

Veronica Whitney

“They (justices) won’t indicate why they took it, but they typically pick cases that either set a precedent for the entire state or are a legal issue that is not yet resolved and needs to be clarified,” said Karen Salaz, spokeswoman for the state Court Administrative Office.

In February, Eagle County District Judge Richard Hart ruled in favor of the school district regarding Cacioppo’s lawsuit challenging the cost-of-living election approved by Eagle County voters in November 2001.

In March, Cacioppo appealed Hart’s ruling to the Colorado Court of Appeals. The school district in October asked that the case be transferred to the state Supreme Court.

“Our attorneys believed that because the litigation deals with an election

issue, the Supreme Court is the proper jurisdiction for the case,” said

Pam Holmes Boyd, spokeswoman for the school district. “The Supreme Court justices concurred with this opinion and accepted the case.”

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Cacioppo said he’s happy the case is moving to the Supreme Court.

“I can’t tell you how pleased I am that I have achieved my goal of keeping my promise to see that the case went all the way to the Supreme Court,” he said. “I understand I’m going to lose because we don’t have any constitutional rights in Colorado. And I wanted the public to understand that.”

New lawsuit?

Boyd said the school district believes the Supreme Court will uphold Judge Hart’s ruling.

“We look forward to presenting our case,” Boyd said. “For nearly two

years now, this litigation has affected the livelihood of more than 800

past and present employees and has thwarted the will of the people as

demonstrated by 3D’s victory at the polls.

“We have always maintained that both our ballot question and our TABOR

notice in the original November 2001 election complied with the law. We

are anxious to have this lawsuit decided so we can proceed with paying our employees for two years of back wages,” Boyd said.

Salaz said it could take months before the Supreme Court hears the case.

“It’s a slow process,” she said.

In the meantime, Cacioppo said he plans to sue the school district again. This time it will be for attempting to put him out of business, he said.

“I will file the lawsuit in federal District Court because the school district violated my constitutional rights,” Cacioppo said.

Clearing the law

Cacioppo declined to disclose how much the case has cost him. Although Hart didn’t award attorney’s fees to the school district – the school district’s legal fees add up to $99,000 – under Hart’s ruling, Cacioppo could be liable for court costs estimated at $10,000.

“During the November 2001 election, five other school districts in Colorado passed cost-of-living ballot questions,” Boyd said. “Eagle County School District and these other districts all used very similar ballot language. None of the other districts have faced a legal challenge, and all of them continue to collect and distribute their cost-of-living money.”

Cacioppo’s lawsuit against the district claims that the ballot language in Question 3D violated the Colorado’s Taxpayers’ Bill of Rights, or TABOR.

TABOR strictly regulates any tax increases and requires specific language for ballot questions. Cacioppo’s lawsuit claims that the district’s TABOR notice contained falsified dollar amounts and growth percentages, and that the ballot language was false and misleading.

In February, Hart rejected Cacioppo’s claims that the district exhibited a systemic disregard for the law in its development of the 3D ballot language and TABOR notice.

Hart ruled that when the district referenced financial data from the 2000-01 fiscal year rather than the 2001-02 fiscal year as the current fiscal year spending, it did so in error. And he ruled that the school district did present Eagle County voters the information they needed to make an informed decision, and that district personnel did not intentionally or deliberately try to mislead the voters.

“(The justices) feel it’s an issue that is hanging in there with implications larger than itself,” Salaz said. “There could also be an ambiguity in the law that needs to be cleared up.”

Veronica Whitney can be reached at 949-0555, ext. 454, or at vwhitney@vaildaily.com.