March 25, 2019

Colorado Supreme Court: Supreme Court May Review Title Board Abstract Using Same Requirements as for Single Subject and Title Disputes

The Colorado Supreme Court issued its opinion in In the Matter of the Title, Ballot Title and Submission Clause for 2017–2018 #4 on Tuesday, May 30, 2017.

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 C.R.S. § 1-40-105.5 and the proper standard to apply when reviewing such an abstract. The court held that C.R.S. § 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.

Summary provided courtesy of The Colorado Lawyer.

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