The Public Trust Institute, a Colorado nonprofit formed to push back on “extremist policies,” has initiated a lawsuit against the town of Estes Park, claiming that a proposed road loop project violates the Taxpayer Bill of Rights.

The U.S. Department of Transportation awarded $17 million in 2013 to construct a one-way loop that is intended to ease tourist traffic, KUNC reported. The town board of trustees approved the project in 2016 and construction is scheduled to begin in 2021.

Under the agreement with the federal government, “the Town was financially obligated for at least 17.21% but not more than 24.4% of total project costs. Based on cost estimates at the time the Town entered the agreement, this amounted to a financial obligation of approximately $4.2 million,” alleged the plaintiffs in their complaint to the Larimer County District Court.

Because Estes Park had not put the question to voters and did not pledge money from its cash reserves, the plaintiffs claim, the town’s action violates TABOR. The 1992 constitutional amendment reads that “multiple-fiscal year” financial obligations require such an arrangement. Plaintiffs include former Mayor Todd A. Jirsa, former town employee William G. Van Horn and businessman Richard K. Grigsby.

The town did not have an immediate comment on the complaint.

“In Colorado, we take consent of the governed seriously. If the government wants to take on a big financial obligation, it has to get the voters’ permission. It’s as simple as that,” said Dan Burrows, PTI’s legal director. “But once again, politicians have tried to sneak one past us. You could almost set your watch by these things.”

PTI was involved in a series of ethics complaints against Democratic officials this year, including Sen.-elect John Hickenlooper and former Rep. Joe Salazar, D-Thornton. The Colorado Independent Ethics Commission fined Hickenlooper $2,750 and dismissed the complaints against Salazar.

Jirsa v. Estes Park