The Colorado Bridge Enterprise is not a TABOR-exempt business. Colo. Const. art. X, § 20(2)(d). The CBE does not qualify as a TABOR-exempt enterprise because it does not function as self-supporting business and because in fiscal year 2011, the CBE received grants from CDOT totaling more than ten percent of its annual revenue. Under either rationale, the CBE did not have enterprise status when it levied the bridge safety surcharge or created $300 million in new debt. Accordingly, both actions required voter approval pursuant to TABOR.
Until such time as Defendants receive voter approval for these actions, Defendants must be enjoined against continued enforcement and maintenance of the bridge safety surcharge and must be enjoined from issuing revenue bonds. Colo. Const. art. X, § 20(4)(a)–(b); Nicholl, 896 P.2d at 866 (“[T]axpayers have standing to seek to enjoin an unlawful expenditure of public funds.”); see also Barber v. Ritter, 170 P.3d 763, 779 (Colo. Ct. App. 2007), aff’d in part, rev’d in part on other grounds, 196 P.3d 238 (Colo. 2008) (quoting Marbury v. Madison, 5 U.S. (1 Cranch) 137, 180 (1803) (“a law repugnant to the constitution is void”)). Additionally, TABOR requires that all “[r]evenue collected, kept, or spent illegally” be refunded. Colo. Const. art. X, § 20(1).
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