Does a planned Boulder flood mitigation project violate the state’s voter-approved Taxpayer Bill of Rights? That’s a question that a Boulder County judge is weighing after hearing oral arguments Friday in a lawsuit about the matter.
Save South Boulder, a group of concerned residents, and Boulder city government representatives presented their cases to Judge Michael Kotlarczyk in a Friday hearing.
Save South Boulder and three plaintiffs — Steven Telleen, Ann Savage and Margaret LeCompte — are represented by Randall Weiner and Annmarie Cording of the Weiner & Cording law firm. They allege that a $66 million bond to fund the South Boulder Creek Flood Mitigation Project, is a tax. It was passed unanimously by the Boulder City Council in March. If that’s the case, then under the Colorado Taxpayer’s Bill of Rights, or TABOR, city officials must present the measure to voters for approval. In addition to the bond ordinance, the council also passed an ordinance as a supplemental appropriation that allows city workers to use the bonds for purposes such as general operating expenses…