A Denver District Court judge Wednesday dismissed a state motion to toss a lawsuit filed against a 2021 law setting up a series of transportation fees. 

The lawsuit was filed in April 2022 by Advance Colorado Institute, two individual plaintiffs and Americans for Prosperity. 

It challenged the General Assembly’s passage of Senate Bill 21-260, which established four state enterprises and modified a fifth to pay for transportation projects. The measure, which Gov. Jared Polis signed into law, is a $5.4 billion, 10-year plan to build out roads and bridges, create electric vehicle charging stations, boost mass transit and mitigate air pollution.

The plaintiffs said the law violates the state constitution’s single-subject requirement and was an attempt to get around Proposition 117, a 2020 ballot measure that requires voter approval for any new fees for enterprises that generate more than $100 million in revenue in the first five years.

Judge Andrew J. Kuken orally denied the state’s motion Wednesday.

“Voters passed Proposition 117 to make sure they had a say when it comes to big fees,” Michael Fields of Advance Colorado said Wednesday. “Since SB-260 is a $5.4 billion fee increase over the next decade, voter approval was necessary before it could become law. We are happy to see the judge deny the motion to dismiss and allow this important case to continue.”