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DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO Court Address: 1437 Bannock Street Denver, Colorado 80202 Plaintiff: ANTHONY LOBATO, as an individual and as parent and natural guardian of TAYLOR LOBATO, et al. v. Defendants: STATE OF COLORADO; et al. ORDER THIS MATTER is before the Court on the motion of Defendant's to dismiss for lack of subject matter jurisdiction and failure to state a claim, filed August 24, 2005. The Court has considered the motion, brief in opposition to the motion, the reply, the court file and all relevant authorities, and being sufficiently advised, concludes as follows. The Defendants seek to dismiss the complaint and all claims therein on the following grounds: 1) the first claim for relief should be dismissed for failure to state a claim because the current statutory scheme satisfies the requirements of Amendment 23 and is therefore constitutional; 2) the second claim should be dismissed because it presents a non-justiciable political question and the Colorado Constitution commits the determination of educational adequacy to the legislative branch; 3) the third claim for relief under Colo. Const. Art. X,

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Colorado Law