Institute sues state for tax-cut freeze

The Independence Institute sued Colorado state officials Thursday for an effort to stabilize school funding by effectively freezing tax cuts that went into effect as part of the Taxpayers Bill of Rights (TABOR).

Jon Caldara, president of the Golden-based conservative think tank, said the motion poses a challenge to the 2007 School Finance Act, or Senate Bill 199, which affects school property tax rates.

According to a fiscal impact statement from the Legislative Staff Council, revenues from the freeze were estimated to be $141 million.

Caldara contends the legislation violates TABOR -- a Constitutional amendment approved by voters in 1992 -- by raising net tax revenue without voter approval.

"The main point we'd like to make is this is not about money or about the programs that may or may not funded with the money, this is about respect for the Constitution," Caldara said. "Quite simply, we agree with [Attorney General John Suthers'] opinion that this is a violation of the Constitution and needs to be voted on by the voters."

Shortly after SB 199 was approved by Colorado Gov. Bill Ritter in May, Suthers released a memo saying the bill should go to voters under TABOR.

In an interview with the Denver Business Journal, Caldara urged business leaders to "keep a close eye" on the lawsuit.

"If the state can raise property taxes without a public vote, businesses should know it's easier to raise taxes for commercial property," Caldara said.

He added that SB 199, which was called the Colorado's Children's Amendment, doesn't guarantee that revenues from the freeze will all go to public schools.

Ritter's office released a statement in response to the lawsuit, saying it was "politically motivated and threatens to hold our children and our local schools hostage."

"SB 199 has great support around Colorado from business organizations to community colleges to local school districts," the statement said.

The governor's office added that Ritter's counsel issued opinions that put SB 199 on "solid legal footing."

"We look forward to vigorously defending the children of Colorado against this lawsuit," the statement said.

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Boston Scientific to sell fluid management, venous access units

Boston Scientific Corp. said Thursday the company will sell its fluid management and venous access businesses for $425 million in cash.

The Natick, Mass.-based medical device giant (NYSE: BSX) is selling the units to Avista Capital Partners, a New York-based private equity firm.

The transaction is expected to close in the first quarter of 2008, subject to regulatory approvals and customary conditions. Boston Scientific previously announced its intent to sell the businesses as part of its plan to divest non-strategic assets.

The combined fluid management/venous access business will operate as an independent company under a new name, according to a statement from the company. Ron Sparks, an Avista healthcare industry advisor, will become chairman and chief executive officer of the new company. Dave McClellan, president of Boston Scientific's oncology business, will become president of the new company.

The fluid management franchise, formerly known as North American Medical Instruments Corp., produces products used to manage fluid and measure pressure during angiography and angioplasty procedures. The franchise employs approximately 750 people in its Glens Falls, NY manufacturing facility.

The venous access franchise, whose products are also manufactured in Glens Falls, includes several implantable devices designed to provide access to the blood stream for patients requiring intravenous antibiotics, nutrition, chemotherapy and blood sampling. The venous access unit is part of Boston Scientific's oncology business, and employs approximately 150 people in locations around the United States.

Boston Scientific also said recently it has signed agreements to sell its cardiac surgery, vascular surgery and auditory businesses.

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Molokai nurses vote to join union

The 30-bed hospital's nine registered nurses voted 6-3 on Dec. 4 to be represented by HNA, which was certified as its collective bargaining organization on Wednesday.

The nurses peviously had been represented by the Hawaii Nurses Association but they left the union in 2002 and since then have been at-will employees with no guaranteed job security, according to Randy Perez, a labor relations specialist with the association.

Perez said the union soon will begin scheduling negotiations with hospital administrators for a new contract.

Molokai General Hospital in Kaunakakai is the island's only urgent-care clinic and is part of The Queen's Health Systems.

HNA represents approximately 4,000 registered nurses in Hawaii.

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Superferry back in service to Maui

The Hawaii Superferry finally made it to Maui on Thursday.

Storm damage to the ferry dock at Kahului Harbor last week had delayed the Alakai's return to service between Oahu and Maui. The Alakai had been docked since late August when a series of court rulings led to suspension of the service.

About 100 protesters turned out Thursday at the harbor, some carrying signs and yelling at disembarking passengers and vehicles. The protests were peaceful and no arrests were made.

The ferry headed back to Oahu around 11 a.m. Thursday.

The Alakai had about 190 passengers on board and carried about 60 vehicles on its trip to Maui and 170 passengers and 50 cars on its return trip to Honolulu, according to company spokeswoman Lori Abe.

Service was to resume Dec. 6, but was delayed because of high seas and damage to the Kahului dock. Bad weather delayed the second attempt to return the vessel to Maui.

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Suburban Westin deal closes

The Westin Westminster has new owners.

Sage Hospitality LLC and Amstar Group LLC bought the 369-room hotel Thursday from Westminster-based Indland Pacific Cos. The companies declined to reveal the purchase price.

"It's a great asset. We're going to retain the Westin flag, and we'll probably be investing $4 million in interior finishes in the guest rooms and meeting space," said Doug Wiley, executive director of Amstar Group.

Specifically, the new owners will replace the bedding, carpet and fixtures in all the guest rooms, and replace tables, chairs and small fixtures in the 30,000 square feet of meeting space.

Sage Hospitality contacted Amstar eight months ago about the joint venture to purchase the Westminster Westin, Wiley said, one of several projects in which Sage and Amstar have invested.

In 1997, they teamed up to redevelop the former San Diego Trust & Savings Bank in downtown San Diego into a 224-room Courtyard by Marriott for $23.8 million.

Before that, they converted a Holiday Inn in Palm Beach Gardens, Fla., into a 280-room, full-service Doubletree Hotel.

It's still not known how what will become of Inland Pacific's planned spa and condominium project adjacent to the Westin that was delayed earlier this year by a lack of financing.

Inland Pacific owner Tim O'Bryne could not be reached for comment.

Starwood spokeswoman Susan Stiff said the project is not dead and more details are to come.

Plans called for a $48 million condominium development, called Ananda, that was supposed to open in the summer of 2007, but it never broke ground. The plans included 60 loft-style condos, ranging in price from $200,000 to $1 million.

A separate project included a 17,000-square-foot Rocky Mountain Chopra Center & Spa -- a spa created by Deepak Chopra, who's known worldwide for promoting mind-body wellness -- on the second floor of the Ananda building.

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