In re Title, Ballot Title and Submission Clause for 2017–2018 4

Citations

• 2017 CO 57
• 395 P.3d 318
• 2017 WL 2333119
• 2017 Colo. LEXIS 433

Syllabus

Single Subject—Fiscal Impact Statement Abstract—Standard of Review. The Supreme Court held that Initiative 4 contains a single subject: limiting housing growth in Colorado. The Court also considered, for the first time, its authority to review an abstract prepared pursuant to CRS § 1-40-105.5 and the proper standard to apply when reviewing such an abstract. The Court held that CRS § 1-40-107 grants the Court reviewing authority, and the proper standard of review is the same standard the Court applies to the single-subject and clear-title requirements—that is, the Court draws all legitimate presumptions in favor of the propriety of the Title Board's decision and will only overturn the Title Board's decision in a clear case. Under that standard, the Court upheld the Title Board's approval of the abstract at issue in this case. Therefore, the Court affirmed the actions of the Title Board.