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Federal appeals court revives lawsuit over Colorado's TABOR

The appeals court said the local governments do have a right to sue over TABOR ( Taxpayer Bill of Rights)

DENVER — Supporters of the Taxpayer’s Bill of Rights in Colorado have something new to worry about after the federal 10th Circuit Court Court of Appeals on Monday gave new life to an eight-year-old lawsuit seeking to nullify it.

The 2-1 decision reverses a ruling two years ago by the U.S. District Court in Colorado, which dismissed the case targeting TABOR.

A collection of local officials filed the suit in 2011, saying the state constitutional measure's cap on taxing and spending violates the U.S. Constitution, which gives tax-setting power to a representative, or republican, form of government.

The merits of the argument, however, have not yet been tested.

The case has been stalled over whether local agencies such as a county commission and school districts have "standing" -- meaning they suffer a direct impact -- to bring the case against TABOR.

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