Landmark Colorado Supreme Court Decision Provides Clarity for Metropolitan Districts

On Monday, the Colorado Supreme Court issued its opinion and ruling in UMB Bank v. Landmark Towers Association, 2016SC455, holding that a challenge to the results of a TABOR election brought by a homeowner’s association years after the election took place is subject to, and time barred by, section 1-11-213(4), C.R.S. (2016), which requires an election contest to be filed with a district court no later than 10 days following certification of the election’s results. The case was brought by the homeowner’s association of a condominium development challenging the results of a TABOR election that took place several years ago. The purpose of the election was to form a new metropolitan district that could issue bonds, secured by taxes levied on all owners within the district, to finance new development and infrastructure in the area.

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