Category: Colorado Court Opinions

249 P.2d 146 COLORADO STATE BOARD OF EXAMINERS OF ARCHITECTS ET AL. v. DISTRICT COURT ET AL. No. 16,918.Supreme Court of Colorado. Decided September 29, 1952. A proceeding involving the refusal of the board to “grant to the plaintiff a certificate to practice architecture in the State of Colorado.” 1. ACTIONS — Joinder of Causes […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Steven Metcalf, Defendant-Appellant. Nos. 97CA1745, 97CA2056Colorado Court of Appeals. April 29, 1999 Appeal from the District Court of Mesa County, Honorable Charles A. Buss, Judge, Nos. 90CR242 and 90CR243. ORDER AFFIRMED. Page 582 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, […]

(453 P.2d 606) Thomas J. Carlile v. Peter Kiewit Sons’ Company. No. 22603.Supreme Court of Colorado. Decided May 5, 1969. From judgment of trial court holding corporate officer individually liable on promissory note, error was brought. Affirmed by Operation of Law. Error to the District Court of Arapahoe County, Honorable Robert B. Lee, Judge. Richard […]

(615 P.2d 53) Water Works Employees Local No. 1045, AFSCME, AFL-CIO, and Ted Brennan, Steve Brown, Wilfred Couture, Richard Esgar, Chester Evans, Ben Gomez, Ray Hurt, D.K. Martin, Wes Popp, Anthony Sanchez, Tony Wagner and Gary Winters v. The Board of Water Works and Howard E. Whitlock, Verdon L. Johnson, Bret Kelly, Owen G. McKinney, […]

Great West Food Packers, Inc. v. Longmont Foods, Co., Inc. No. 80CA0996Colorado Court of Appeals. Decided September 24, 1981. Appeal from the District Court of Boulder County, Honorable Murray Richtel, Judge. Page 1332 Clayton W. Bell, for plaintiff-appellant. Berenbaum Berenbaum, Charles P. Leder, for defendant-appellee. Division I. Opinion by CHIEF JUDGE ENOCH. [1] Plaintiff, Great […]

(386 P.2d 583) UNION PACIFIC RAILROAD COMPANY v. DARLENE LARSON, ET AL. No. 20,110.Supreme Court of Colorado. Decided October 28, 1963. Rehearing denied November 26, 1963. Wrongful death action resulting from railroad crossing accident. Judgment for plaintiffs. Reversed. 1. RAILROAD — Crossing — Automobile — Driver — Contributory Negligence. Driver of automobile with ample opportunity […]

DOUGLAS COMISKEY, Petitioner, v. THE DISTRICT COURT IN AND FOR THE COUNTY OF PUEBLO, State of Colorado; THE HONORABLE EUGENE HALAAS and THE HONORABLE DENNIS MAES, two of the Judges Thereof, Respondents. No. 96SA316Supreme Court of Colorado. October 28, 1996 Petition for Rehearing DENIED November 18, 1996. Original Proceeding Pursuant to C.A.R. 21 RULE DISCHARGED […]

(456 P.2d 746) Ordie Billenwillms and Lucy N. Billenwillms v. Rynal S. Amack and Helen Amack. No. 22060.Supreme Court of Colorado. Decided July 22, 1969. Action by plaintiffs seeking relief against defendants in connection with a joint farming arrangement, and defendants counterclaimed for an accounting. From an adverse judgment relating to the accounting plaintiffs brought […]

(400 P.2d 194) GEORGE DEMOS v. THOMAS F. SCARRY. No. 20731.Supreme Court of Colorado. Decided March 22, 1965. Action for damages for assault and battery. Judgment for plaintiff. Affirmed. 1. ASSAULT AND BATTERY — Appeal and Error — Finding of Trial Court — Eviction — Force Used. In an action for assault and battery involving […]

(541 P.2d 1249) Richard L. Hamrick v. The Colorado Board of Accountancy; Earl Jensen, individually and as a member of the Colorado Board of Accountancy; Margaret L. Bailey, individually and as a member of the Colorado Board of Accountancy; and Marvin Straigt, individually and as a member of the Colorado Board of Accountancy No. 26805Supreme […]

Kenneth D. Martin, Plaintiff-Appellant and Cross-Appellee, v. Ronald John Minnard and American Transportation Corporation, Defendants-Appellees and Cross-Appellants. No. 92CA0391Colorado Court of Appeals. Decided May 20, 1993. Rehearing Denied July 15, 1993. Certiorari pending 08/18/93 (93SC494). Appeal from the District Court of Arapahoe County Honorable Michael J. Watanabe, Judge Page 1015 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

The People of the State of Colorado, Plaintiff-Appellant, v. Curtis Richard Martin, Jr., Defendant-Appellee. No. 85SA259Supreme Court of Colorado. Decided February 23, 1987. Rehearing Denied March 9, 1987. Appeal from District Court, Adams County Honorable Oyer G. Leary, Judge Page 1211 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

(590 P.2d 516) Charles Hays Hall v. Alan Charnes, Director of the Department of Revenue, State of Colorado; and Motor Vehicle Division, State of Colorado, and Nelson Hill, Hearing Officer No. 78-866Colorado Court of Appeals. Decided January 18, 1979. Driver’s license was revoked by the Department of Revenue for his refusal to take a chemical […]

(431 P.2d 40) The City of Englewood, Colorado, a Municipal Corporation v. Mountain States Telephone and Telegraph Company, a Colorado Corporation. No. 22002.Supreme Court of Colorado. Decided August 28, 1967. Action by city to determine whether telephone company’s use without city franchise of public streets belonging to city was lawful. From an adverse judgment the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Abron Arrington, Defendant-Appellant. No. 90CA1875Colorado Court of Appeals. Decided June 4, 1992. Rehearing Denied July 30, 1992. Certiorari Denied January 11, 1993 (92SC566). Appeal from the District Court of El Paso County Honorable Matt M. Railey, Judge. Page 63 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

62 P.2d 1157 WENDELIN ET AL. v. ROSS. No. 13,691.Supreme Court of Colorado. Decided November 23, 1936. Action for damages for personal injuries resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Evidence — Construction. On review, the evidence must be construed, if it reasonably may be, so as to […]

In the Matter of Fred Bauder No. 98SA447Supreme Court of Colorado. January 25, 1999 Original Proceeding in Discipline ATTORNEY SUSPENDED Page 508 Linda Donnelly, Attorney Regulation Counsel, James C. Coyle, Assistant Attorney Regulation Counsel, Denver. Fred Bauder, Pro Se, Crestone, Colorado. EN BANC PER CURIAM. [1] In this lawyer discipline case, a hearing panel of […]

Beverly Story, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, Fresh Express and Mid-Century Insurance Company, Respondents. No. 95CA0446Colorado Court of Appeals. Decided December 7, 1995 Page 81 Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No. 4135838 ORDER AFFIRMED IN PART, SET ASIDE […]

The People of the State of Colorado, Plaintiff-Appellee, v. Mark Stanton Henderson, Defendant-Appellant. No. 87CA1205Colorado Court of Appeals. Decided December 28, 1989. Rehearing denied March 1, 1990 Certiorari Granted July 30, 1990, Cross-Petition for Certiorari Denied July 30, 1990 (90SC173). Certiorari Granted on the following issues: Whether the court of appeals determination that sexual assault […]

(577 P.2d 776) Dwaine R. Richter, Vickers Petroleum Corporation, a Kansas corporation, Dean Goodman, X. L. Bar Ranches, a Limited Partnership by X. L. Bar Ranches, Inc., a Colorado corporation, General Partner, RPR Brothers, Ltd., a Colorado corporation, Investors VI, a Partnership, John H. Bauer and Edith L. Bauer, Leslie G. Taylor, Audrey B. Mitchem, […]

Elizabeth T. Walter, Plaintiff-Appellant, v. The City and County of Denver, Defendant-Appellee. No. 97CA1908.Colorado Court of Appeals. December 10, 1998. Rehearing Denied February 18, 1999. Certiorari Denied August 23, 1999.[*] [*] Justice RICE would grant as to the following issue: Whether the court of appeals erred in reversing the district court’s grant of summary judgment […]

In re the Marriage of: Billy Harold McMahan, Appellant, and Shirley McMahan, Appellee. No. 82CA0439Colorado Court of Appeals. Decided February 3, 1983. Appeal from the District Court of Arapahoe County Honorable John P. Gately, Judge. Quinn, Mihalik and Wing, Marilyn R. Mihalik for appellant. Robert R. Gallagher, Jr., Arapahoe County District Attorney, James C. Schumacher, […]

49 P.2d 386 TRAUNER v. CLIMAX MOLYBDENUM COMPANY ET AL. No. 13,745.Supreme Court of Colorado. Decided July 15, 1935. Judgment affirmed en banc without written opinion, Mr. Justice Campbell, Mr. Justice Burke and Mr. Justice Holland not participating. Messrs. RYAN WILDY, Mr. L.S. BOATRIGHT, for plaintiff in error. Mr. HAROLD CLARK THOMPSON, Mr. PAUL P. […]

Cottonwood Hill, Inc., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. Ronald J. Ansay and Clara E. Ansay, Defendants and Third-Party Plaintiffs-Appellants and Cross-Appellees. No. 84CA0828Colorado Court of Appeals. Decided June 27, 1985. Rehearing Denied July 25, 1985. Certiorari Denied November 12, 1985. Appeal from the District Court of Jefferson County Honorable Daniel J. Shannon, Judge […]

Laurence J. Rich Associates, Plaintiff-Appellant, v. First Interstate Mortgage Company of Colorado, Defendant-Appellee. No. 90CA0087Colorado Court of Appeals. Decided September 20, 1990. Rehearing Denied November 1, 1990. Certiorari Denied March 18, 1991 (90SC715). Appeal from the District Court of Arapahoe County Honorable Michael J. Watanabe, Judge. Laurence J. Rich Associates, Loren R. Ginsburg, for Plaintiff-Appellant. […]

(554 P.2d 1357) Margaret E. Casias, personal representative of the estate of Richard A. Casias, deceased (by substitution) v. The Industrial Commission of The State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado) and Time D.C., Inc. No. 75-291Colorado Court of Appeals. Decided September 23, 1976. Petitioner sought review of a denial of unemployment compensation […]

(439 P.2d 364) City of Aurora, a municipal corporation v. Helen V. Woolman. No. 21894.Supreme Court of Colorado. Decided April 8, 1968. Action by driver of automobile against city to recover damages for injuries sustained as result of cave-in of portion of street on which she was driving. Judgment for plaintiff. Reversed. 1. AUTOMOBILES — […]

10 P.2d 1104 PEOPLE v. BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY. No. 12,624.Supreme Court of Colorado. Decided May 2, 1932. Action by state to recover gasoline tax from a county. Judgment in part for state and in part for county. Modified and Affirmed. 1. GASOLINE — Tax — Counties — Highway Construction. Under pertinent […]

In re the Marriage of: Judith A. Snyder, Appellee, and Ronald G. Snyder, And concerning: State Compensation Insurance Fund, Obligor-Appellant. No. 86CA0991Colorado Court of Appeals. Decided May 14, 1987. Appeal from the District Court of Montrose County Honorable Robert A. Brown, Judge. Martha Dusio, Montrose County Attorney, for Appellee. Mark Rau, for Obligor-Appellant State Compensation […]

(566 P.2d 1061) The People of the State of Colorado v. Charles Pena Carino, and Kenneth Otis Hill, II No. 27412Supreme Court of Colorado. Decided July 25, 1977. Trial court dismissed charges of misdemeanor possession of marijuana and declined to reinstate previously dismissed felony narcotics counts and the People appealed. Reversed 1. DRUGS AND DRUGGISTS […]

(500 P.2d 365) The People of the State of Colorado v. Richard David Chavez, a/k/a Richard Chavez No. 24778Supreme Court of Colorado. Decided August 28, 1972. Defendant was convicted of statutory rape and appealed. Affirmed 1. INSTRUCTIONS, CRIMINAL — Rape — Statutory — Assertion — Failure to Page 317 Instruct — Assault with Intent to […]

(614 P.2d 357) Rueben F. Gardner and Pauline M. Gardner, Donald C. Dorrell and JoAnn Dorrell, Glenn E. McCormick and Beverly E. McCormick, Arthur James Estes and Shelia Rhae Estes, George R. Broughton and Vernice M. Broughton, Larry E. Loesch and Jackqueline L. Loesch, Okey D. Squires and Arlia M. Squires, Verner D. Mead and […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert Wirtz, Defendant-Appellant. No. 80CA0849Colorado Court of Appeals. Decided October 14, 1982. Rehearing denied November 26, 1982. Certiorari Denied March 7, 1983. Appeal from the District Court of Jefferson County, Honorable Anthony F. Vollack, Judge. Page 301 J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney […]

The Fowler Irrevocable Trust 1992-1, Petitioner: v. The City of Boulder, a Colorado municipal corporation, Respondent. No. 99SC304Supreme Court of Colorado. January 29, 2001 Certiorari to the Colorado Court of Appeals Court of Appeals Nos. 97CA1005 97CA1810 JUDGMENT AFFIRMED IN PART, REVERSED IN PART AND CASE REMANDED WITH INSTRUCTIONS Page 798 [EDITORS’ NOTE: THIS PAGE […]

(297 P.2d 531) PERRY LUMBER COMPANY v. ELIGERIO RUYBAL. No. 17,820.Supreme Court of Colorado. Decided May 21, 1956. Rehearing denied June 11, 1956. Action against employer for damages for personal injuries resulting from accident while unloading lumber from railway car. Judgment for plaintiff. Reversed and Remanded With Directions. 1. MASTER AND SERVANT — Trial — […]

The People of the State of Colorado, Complainant, v. Mary G. Nash, Attorney-Respondent. No. 94SA116Supreme Court of Colorado. Decided May 2, 1994 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel of Denver, Colorado, Attorneys for Complainant Mary G. Nash, Pro Se, of Little Rock, Arkansas EN BANC […]

Studor, Inc., doing business in Colorado as Studor Venting, Inc., Plaintiff-Appellant, v. The Examining Board of Plumbers of the Division of Registrations, Department of Regulatory Agencies, State of Colorado, Appellee. No. 95CA1311Colorado Court of Appeals. November 7, 1996 Page 47 Appeal from the Examining Board of Plumbers. RULING REVERSED AND CAUSE REMANDED. Brownstein Hyatt Farber […]

Steven M. Tuller, Petitioner-Appellant, v. Donice Neal, Respondent-Appellee. No. 94SA195Supreme Court of Colorado. Decided December 5, 1994 Appeal from the District Court, Pueblo County Honorable Gerald A. Marroney, Judge JUDGMENT AFFIRMED. Steven M. Tuller, Pro Se, Cason City, Colorado. No Appearance On Behalf of Respondent-Appellee. EN BANC JUSTICE VOLLACK delivered the Opinion of the Court. […]

Concerning the Application for Water Rights of Natural Energy Resources Company (NECO) in Gunnison County. NATURAL ENERGY RESOURCES COMPANY, Applicant/Appellant v. UPPER GUNNISON RIVER WATER CONSERVANCY DISTRICT; Crystal Creek Homeowners; Milton Graves, Douglas Bryant, and Nancy Williams as Trustees of (1) the Trust under the Will of Ernest Cockrell Jr., for the benefit of Ernest […]

Daniel J. Maddalone, Plaintiff-Appellant, v. Douglas L. Wilson and Bedrishah Wilson, Defendants-Appellees. No. 87CA0104Colorado Court of Appeals. Decided October 20, 1988. Appeal from the District Court of Gunnison County Honorable Thomas A. Goldsmith, Judge David C. Johnston, for Plaintiff-Appellant. Cliggett and Cliggett, Charles F. Cliggett, for Defendants-Appellees. Division IV. Opinion by JUDGE NEY. [1] Plaintiff, […]

In re Application of Arthur Connolly, Petitioner-Appellant, and Danny Abrams and Laura Abrams, Respondents-Appellees, and concerning Elizabeth Connolly and Allison Connolly, Appellees. No. 85CA0986Colorado Court of Appeals. Decided February 4, 1988. Prior Opinion Announced December 10, 1987 Withdrawn and Rehearing Granted February 4, 1988. Certiorari Granted Abrams September 12, 1988 (88SC98). Certiorari granted on following […]

(386 P.2d 585) ROBERT J. CARY v. THE BORDEN COMPANY, ET AL. No. 20,048.Supreme Court of Colorado. Decided October 21, 1963. Rehearing denied November 26, 1963. Action for finder’s commission on acquiring dairy business. From a judgment of dismissal the plaintiff brings error. Reversed. 1. BROKERS — Finder’s Commission — Right to Recover — License […]

(262 P.2d 272) PROSSER v. SCHMIDT ET AL. No. 16,952.Supreme Court of Colorado. Decided October 5, 1953. An action on a contract involving the conveyance of real property. Judgment for defendants. Reversed. 1. APPEAL AND ERROR — No Conflicting Evidence — Judgments. While the supreme Court is slow to disturb a judgment made upon the […]

The People of the State of Colorado, Complainant, v. Timothy A. Bullock, Attorney-Respondent. No. 94SA299Supreme Court of Colorado. Decided October 24, 1994 Original Proceeding in Discipline ATTORNEY DISBARRED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant Craig L. Truman, Denver, Colorado, Attorney for Attorney-Respondent Page 1391 EN BANC […]

Robert N. Hoery, Plaintiff-Appellant, v. United States of America, Defendant-Appellee No. 02SA241.Supreme Court of Colorado. En Banc. February 24, 2003. On Appeal from the United States District Court for the District of Colorado, No. 99-D-864. CERTIFIED QUESTIONS ANSWERED Page 215 Trespass and Nuisance — Continuing and Permanent Torts Answering two certified questions from the United […]

(443 P.2d 994) Frank E. Goldy, Commissioner of Banking and the Banking Board, State of Colorado v. Lewis E. Henry, Thomas A. Waters, William L. Doig, Anton C. Zeman, Jr., and George T. Sweeney, the proposed incorporators of the Wheat Ridge Bank. No. 22090.Supreme Court of Colorado. Decided July 29, 1968. From a judgment of […]

Monolith Portland Cement and United States Fidelity Guaranty Company, Petitioners, v. Ronald J. Burak, Pamela Burak, Holly Jo Burak and Christopher Burak, the Industrial Claim Appeals Office of the State of Colorado and the Colorado Division of Labor, Respondents. No. 88CA0748Colorado Court of Appeals. Decided March 23, 1989. Review of Order from the Industrial Claim […]

Delmer ZWEYGARDT and Delmer and La Vonne Zweygardt Trust, Plaintiffs-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ELBERT, State of Colorado, Defendant-Appellee. No. 06CA2197.Colorado Court of Appeals. June 26, 2008. Appeal from the District Court, Elbert County, Charles M. Pratt, J. Page 849 Law Office of Anthony J. DiCola, Anthony J. DiCola, Hot […]

Larry D. O’Bryant, Petitioner, v. The Public Utilities Commission of the State of Colorado; Commissioners Ronald L. Lehr, Edythe S. Miller, and Andra Schmidt; and Mountain States Telephone and Telegraph Company, Respondents. No. 87SA423Supreme Court of Colorado. Decided July 17, 1989. Opinion Modified, and as Modified, Rehearing Denied September 18, 1989. Appeal from District Court, […]

(573 P.2d 941) Lyle M. Schwartz v. Earnest R. Blue and Evamarie Blue No. 77-214Colorado Court of Appeals. Decided December 29, 1977. In action on promissory note, plaintiff recovered judgment against wife, but was precluded from recovering against husband because of his discharge in bankruptcy; however, wife on cross-claim based on fraud recovered against husband, […]

(342 P.2d 666) CONNIE PRICHARD, A MINOR, BY HER MOTHER AND NEXT FRIEND, DORIS PRICHARD v. GRACE HUNTER. No. 18,785.Supreme Court of Colorado. Decided July 27, 1959. Action for damages for slander. Judgment for the plaintiff, who viewing the damages awarded inadequate, brings error. Affirmed. 1. LIBEL AND SLANDER — Damages — Award. It is […]

In the Matter of Roger A. McKee No. 98SA455Supreme Court of Colorado. January 25, 1999 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Attorney Regulation Counsel, Debra D. Jones, Assistant Attorney Regulation Counsel, Denver, Colorado. No Appearance By or on Behalf of Attorney-Respondent. EN BANC PER CURIAM. [1] This is a reciprocal discipline proceeding brought […]

S.G. Deacon, Plaintiff-Appellee and Cross-Appellant, v. American Plant Food Corporation and Stone’s Farm Supply, Inc., Defendants-Appellants and Cross-Appellees, and Hildorn, Inc.; Bond-Metz Farms, Inc.; Kenneth Metz; Robert Metz; and Ronald Peterson, Plaintiffs-Appellees and Cross-Appellants, v. American Plant Food Corporation, and Stone’s Farm Supply, Inc., Defendants-Appellants and Cross-Appellees. No. 85CA1457Colorado Court of Appeals. Decided September 21, […]

The PEOPLE of the State of Colorado, Complainant, v. David William DOYLE, Respondent. Nos. 05PDJ034, 05PDJ059.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. Colorado. June 6, 2006. REPORT, DECISION, AND ORDER IMPOSING SANCTIONS PURSUANT TO C.R.C.P. 251.15(b) On April 5, 2006, the Presiding Disciplinary Judge (“the Court”), held a Sanctions Hearing […]

James R. Myers, Plaintiff-Appellant, v. Clifford Beem, Defendant-Appellee. No. 84CA0119Colorado Court of Appeals. Decided August 22, 1985. Rehearing Denied September 19, 1985. Certiorari Denied January 13, 1986 (85SC408). Appeal from the District Court of the City and County of Denver Honorable Alvin D. Lichtenstein, Judge Page 1093 Michael F. Morrissey, for Plaintiff-Appellant. Wood, Ris Hames, […]

172 P.2d 837 SEARLE v. SEARLE. No. 15,730.Supreme Court of Colorado. Decided July 15, 1946. Rehearing denied September 21, 1946. A proceeding involving custody of a minor child of divorced parents. An order for divided custody was entered by the trial court. Affirmed. On Application for Supersedeas. 1. DIVORCE AND ALIMONY — Custody of Children […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rigoberto VENZOR, Defendant-Appellant. No. 03CA2043.Colorado Court of Appeals. February 24, 2005. Rehearing Denied June 23, 2005. Certiorari Denied October 17, 2005. Appeal from the El Paso County District Court, Thomas K. Kane, J. Page 261 John W. Suthers, Attorney General, Christine C. Brady, Assistant Attorney General, […]

(563 P.2d 373) U-Tote-M of Colorado, Inc., a Colorado corporation v. The City of Greenwood Village, a municipal corporation, The City Council of Greenwood Village, Max E. Brown, L.F. Cassidy, Raymond J. Connell, Frederick M. Haynes, Rosemarie Perry, Claude Ramsey, Mary Phyllis Simpson, Samuel Jenkins, Harold W. Patton, Jr. No. 76-263Colorado Court of Appeals. Decided […]

(477 P.2d 361) City of Englewood, Colorado, A Municipal Corporation v. John W. Reffel, Jr., Dorothy J. Hynes, John W. Reffel, and Alma L. Reffel. No. 22845.Supreme Court of Colorado. Decided November 23, 1970. Eminent domain proceedings by which city sought to acquire certain parcels of realty for street purposes. Trial court refused to allow […]

(509 P.2d 301) Louis Ben Romero v. The People of the State of Colorado No. 24607Supreme Court of Colorado. Decided April 23, 1973. Defendant was convicted of possession of a narcotic drug and appealed. Affirmed 1. DRUGS AND DRUGGISTS — Balloon — Heroin — Identification — Admissibility — Proper. In prosecution for possession of a […]

(459 P.2d 126) Rudolph Gomez, a minor, by his father and next friend, Joe V. Gomez; Diane Gomez, a minor, by her father and next friend, Joe V. Gomez; and Joe V. Gomez, individually v. Marvin C. Miller. No. 22387.Supreme Court of Colorado. Decided September 29, 1969. Action by plaintiff for himself and on behalf […]

Gail V. Sharp, and Stephen A. Sharp, Plaintiffs-Appellants, v. Kaiser Foundation Health Plan of Colorado; Colorado Permanente Medical Group; and Paul D. Speidel, Defendants-Appellees. No. 83CA1469Colorado Court of Appeals. Decided June 27, 1985. Rehearing Denied August 1, 1985. Certiorari Granted Kaiser December 9, 1985 (85SC339). Appeal from the District Court of Jefferson County Honorable Anthony […]

(512 P.2d 641) Western Slope Gas Company, a Colorado corporations v. Lake Eldora Corporation, a Colorado corporation; Tell Ertl and Theo B. Ertl, Brown Whitaker; Lucile R. brown Foundation, Inc., Mary M. Whitaker, a/k/a Mary Adrian; John Benjamin Whitaker; Ben F. Lowell, Trustee; and Cherry Creek National Bank of Denver, a national banking association and […]

(476 P.2d 999) Paul Van Pelt v. The People of the State of Colorado. No. 23742.Supreme Court of Colorado. Decided November 23, 1970. Defendant was convicted of issuing a check for $50 on a bank in which he did not have sufficient funds. Affirmed. 1. INSTRUCTIONS, CRIMINAL — Short Check — Lesser Included Offense — […]

Kenneth K. Varady and Wanda Y. Varady v. Robert J. White and Marilyn I. White and Dennis M. Hipp, Van Schaack Company, a Colorado corporation, and James L. Marr, Public Trustee of Douglas County, Colorado No. 81CA0027Colorado Court of Appeals. Decided March 11, 1982. Rehearing denied April 15, 1982. Certiorari Dismissed on Stipulation of the […]

(606 P.2d 79) The People of the State of Colorado v. Michael V. Rothe and Alma Tate No. 79CA0393Colorado Court of Appeals. Decided October 11, 1979. Rehearing denied November 15, 1979. Certiorari denied February 11, 1980. Bail bondsman appealed a summary judgment requiring him to forfeit two bail bonds. Affirmed 1. BAIL — Bondsman — […]

Ernie Dill and Julie Dill, Plaintiffs-Appellants, v. Board of County Commissioners of Lincoln County, Charles R. Covington, Harvey Wann, and Cherry Seymour, as members of the Board, Defendants-Appellees. No. 95CA1592Colorado Court of Appeals. September 5, 1996 Petition for Rehearing DENIED October 10, 1996. Page 810 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

(574 P.2d 516) William J. McCartney and Local No. 2203, International Association of Fire Fighters, AFL-CIO v. West Adams County Fire Protection District, James Dover, individually and as Chairman of the West Adams County Fire Protection District, James Yates, individually and as Treasurer of the West Adams County Fire Protection District; Walter Stonehocker, Ed Pierce […]

(571 P.2d 731) Barbara J. Lovett v. Omar D. Blair, Robert L. Crider, Theodore Hackworth, Katherine W. Schomp, Bernard Valdez, Virginia Rockwell, and Naomi Bradford, individually and as members of the Board of Education of School District No. 1, in and for the City and County of Denver, and State of Colorado No. 76-196Colorado Court […]

(612 P.2d 1158) Clifford Malcolm MacLeod v. Connie Miller, Director of Nursing of Four Seasons Nursing Home, Mae Wise, Administrator of Four Seasons Nursing Home, ANTA Corporation, d/b/a Four Seasons Nursing Home, and all of the above named defendants agents, employees, successors in office, assistants and all other persons acting in concern or cooperation with […]

207 P.2d 1189 FLADER v. CAMPBELL ET AL. No. 16,034.Supreme Court of Colorado. Decided May 2, 1949. Rehearing denied June 13, 1949. An action in ejectment. Judgment for defendants. Reversed. 1. EJECTMENT — Parties — Title. “It is a well-established principle in the law of ejectment that where both parties to an action claim title […]

Scott Elliot Raymer, Petitioner-Appellee, v. Bob Hickox, Susan Worthington, and the Delta Correctional Center, Respondents-Appellants. No. 94CA1098Colorado Court of Appeals. Decided April 6, 1995 Petition for Writ of Certiorari DENIED October 30, 1995 Page 3 Appeal from the District Court of Delta County Honorable Jerry D. Lincoln, Judge No. 94CV18. ORDER AND JUDGMENT REVERSED AND […]

Wayne E. Harding, Jr., d/b/a Wayne Harding Associates, and Adolf Farland, d/b/a Farland Realty, Plaintiffs-Appellees, v. Edward R. Lucero, an individual, and 2000 Arapahoe Street Properties, Inc., a Colorado corporation, Defendants-Appellants. No. 84CA0589Colorado Court of Appeals. Decided May 29, 1986. Appeal from the District Court of the City and County of Denver Honorable Harold D. […]

(512 P.2d 257) The People of the State of Colorado v. Joe Hill No. 25384Supreme Court of Colorado. Decided July 16, 1973. From denial of his Crim. P. 35(b) motion seeking to vacate multiple convictions and sentences and to obtain a new trial, defendant appealed. Reversed 1. INSTRUCTIONS, CRIMINAL — Presumption of Innocence — Failure […]

(601 P.2d 662) Roy P. Partridge v. Jeanne A. Partridge, n/k/a Jeanne A. Huey No. 78-1020Colorado Court of Appeals. Decided September 27, 1979. Wife appealed a district court’s denial of her motion to reduce support arrearages to judgment. Reversed 1. DIVORCE — Past Due Installments — Child Support — Debts — Matured Obligations — Trial […]

Phelps Tointon, Inc., Petitioner, v. Division of Employment and Training, The Industrial Claim Appeals Office of the State of Colorado and Alan R. Gardner, Respondents. No. 91CA0864Colorado Court of Appeals. Decided December 5, 1991. Page 828 Review of Order from the Industrial Claim Appeals Office of the State of Colorado. Stettner, Miller and Cohn, P.C., […]

Englewood Police Benefit Association, Fraternal Order of Police Lodge #22, Plaintiff-Appellee, v. City of Englewood and Election Commission of the City of Englewood, Defendants-Appellants. No. 89CA1834Colorado Court of Appeals. Decided December 20, 1990. Rehearing Denied February 14, 1991. Certiorari Denied June 10, 1991 (91SC159). Appeal from the District Court of Arapahoe County Honorable Michael J. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard A. Strock, Defendant-Appellant. No. 95CA1710Colorado Court of Appeals. November 7, 1996 Petition for Rehearing DENIED December 12, 1996 Appeal from the District Court of Adams County, Honorable Thomas R. Ensor, Judge, No. 95CR176. ORDERS REVERSED AND CAUSE REMANDED WITH DIRECTIONS. Page 539 Gale A. Norton, […]

(258 P.2d 483) PEOPLE EX REL. PLUNKETT v. DISTRICT COURT OF RIO GRANDE COUNTY ET AL. No. 17,084.Supreme Court of Colorado. Decided May 18, 1953. A petition for relief in the nature of prohibition arising out of a divorce action. Petition Denied. 1. ACTIONS — Venue. “Causes can only be brought in the county where […]

David PATTERSON, Philip McCoy, Donald Kanzler, and Shirley Kanzler, Plaintiffs-Appellants, v. BP AMERICA PRODUCTION COMPANY, f/k/a Amoco Production Company, Defendants-Appellees. No. 04CA2344.Colorado Court of Appeals. May 4, 2006. Appeal from the District Court, City and County of Denver, H. Jeffrey Bayless, J. Page 635 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

(239 P.2d 988) MICKLE v. MICKLE. No. 16,651.Supreme Court of Colorado. Decided January 14, 1952. An action for divorce in which was involved a determination of the property rights of the parties. Both parties being dissatisfied with the decree, the cause was presented to the Supreme Court for review by writ of error. The judgment […]

198 P.2d 453 ROBERTS v. ROBERTS ET AL. No. 15,896.Supreme Court of Colorado. Decided September 7, 1948. Rehearing denied October 11, 1948. An action for dissolution of a partnership, and for accounting. Judgment for plaintiff. Reversed in Part. 1. WORDS AND PHRASES — Company — Partnership. The word “company,” as used in the present proceeding, […]

The People of the State of Colorado, Appellant, In the Interest of M.H., a Child And Concerning R.H. and J.H., Appellees. No. 82SA284Supreme Court of Colorado. Decided April 18, 1983. Appeal from the District Court of the County of Arapahoe, Honorable Richard L. Kaylor, Judge. Page 1174 Robert R. Gallagher, Jr., District Attorney, Eighteenth Judicial […]

37 P.2d 1119 FURLONG ET AL. v. THE PEOPLE. No. 13,562.Supreme Court of Colorado. Decided November 19, 1934. Plaintiffs in error were convicted of violating the Money Lenders Act. Reversed. On Application for Supersedeas. 1. MONEY LENDERS — Constitutional Law. This case ruled by the opinion in Gronert v. People, 95 Colo. 508. Error to […]

184 P.2d 138 SCOTT ET AL. v. LEONARD. No. 15,704.Supreme Court of Colorado. Decided July 28, 1947. A will contest proceeding. Judgment for proponent. Affirmed. 1. WILLS — Capacity of Testator — Undue Influence — Appeal and Error. In a will contest proceeding, the questions of testamentary capacity and undue influence are to be determined […]

(361 P.2d 970) FLORA TOPLITZKY v. BERNARD E. SCHILT, AS SUCCESSOR ADMINISTRATOR, ETC. No. 19,100.Supreme Court of Colorado. Decided May 8, 1961. Rehearing denied June 5, 1961. Objections to final report of former administratrix in estate matter. From judgment entered therein former administratrix brings error. Reversed. 1. EXECUTORS AND ADMINISTRATORS — Final Report — Objections […]

Rainsford J. Winslow, Plaintiff-Appellee, v. Morgan County Commissioners, John Lindell, Chairman; Robert Bauer, and Henry Kammerzell, Defendants-Appellants. No. 83CA1027Colorado Court of Appeals. Decided February 14, 1985. Appeal from the District Court of Morgan County Honorable Carl J. Absmeier, Judge Rainsford J. Winslow, Pro Se. E. Ord Wells, for Defendants-Appellants. Page 1142 Division IV. Opinion by […]

SATURN SYSTEMS, INC., Plaintiff-Appellee, v. Delbert J. MILITARE, a/k/a Del J. Militare, individually and d/b/a Mil-Beau and Mil-Beau, Inc., Defendant-Appellant. No. 07CA2453.Colorado Court of Appeals. February 17, 2011. Appeal from the District Court, City and County of Denver, Herbert L. Stern, III, J. Page 517 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

The People of the State of Colorado, Petitioner, v. Jesus Burola, Respondent. No. 92SC33Supreme Court of Colorado. Decided March 29, 1993. Certiorari to the Colorado Court of Appeals Page 959 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General; Alexander M. Hunter, District Attorney, Twentieth Judicial District; […]

Mobile Pre-Mix Transit, Inc., and North Denver Transfer Storage Company v. The Public Utilities Commission of the State of Colorado; Don Ward, Inc.,; Atwood Truck Line, Inc. and Rio Grande Motor Way, Inc. No. 28505Supreme Court of Colorado. Decided October 27, 1980. Opinion modified and as modified rehearing denied November 17, 1980. Appeal from the […]