Category: Colorado Court Opinions

The People of the State of Colorado, Petitioner, v. The District Court of El Paso County, Colorado, and Honorable Matt Railey, on of the Judges thereof, Respondent. No. 87SA493Supreme Court of Colorado. Decided September 12, 1988. Original Proceeding Page 207 Barney Iuppa, District Attorney, Robert M. Brown, Chief Deputy District Attorney, for Petitioner. Roland P. […]

(485 P.2d 889) William C. Jacob v. City of Colorado Springs, Colorado, a Municipal Corporation No. 23292Supreme Court of Colorado. Decided June 14, 1971 Writ of error seeking review of order granting motion to dismiss complaint — alleging negligent operation of a power line of defendant city — on ground that plaintiff failed to give […]

NEW DESIGN CONSTRUCTION COMPANY, INC., a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, v. HAMON CONTRACTORS, INC., a Colorado corporation, and United States Fidelity and Guaranty Company, a foreign corporation, Defendants-Appellants and Cross-Appellees. No. 06CA2011.Colorado Court of Appeals. June 26, 2008. Appeal from the District Court, City and County of Denver, Morris B. Hoffman, J. Page 1173 […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David Henry WOOD, Defendant-Appellant. No. 06CA2581.Colorado Court of Appeals. October 15, 2009. Appeal from the District Court, City and County of Denver, Herbert L. Stern, J. Page 1224 John W. Suthers, Attorney General, Katherine A. Aidala, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Sandra Saltrese-Miller Associates, […]

The People of the State of Colorado, Plaintiff-appellant, v. Frank Rodriguez, Defendant-appellee. No. 80SA359Supreme Court of Colorado. Decided May 24, 1982. Appeal from the District Court of the City and County of Denver, Honorable Alvin D. Lichtenstein, Judge. Page 852 Dale Tooley, District Attorney, O. Otto Moore, Assistant District Attorney, Brooke, Wunnicke, Chief Appellate Deputy […]

(408 P.2d 974) Everett N. Orth, et al., plaintiffs in error, Harold Hennigh, et al., interveners-plaintiffs in error v. The Board of County Commissioners of Boulder County, et al., defendants in error. No. 21797, 21846Supreme Court of Colorado. Decided December 13, 1965. Rehearing denied January 10, 1966. From a judgment of trial court upholding action […]

National Fruit Product and Liberty Mutual Insurance Company, Petitioners, v. Eugene Crespin and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 97CA0150Colorado Court of Appeals. September 18, 1997 Petition for Rehearing DENIED October 23, 1997 Petition for Writ of Certiorari DENIED February 23, 1998 Review of Order from the Industrial Claim […]

(598 P.2d 138) County of Clearwater, Minnesota v. Richard Petrash No. C-1764Supreme Court of Colorado. Decided July 23, 1979. Rehearing denied August 20, 1979. Certiorari to review decision of court of appeals, 41 Colo. App. 143, 589 P.2d 1370 that a violation by one parent of the terms of a custody decree may be raised […]

(468 P.2d 28) Industrial Commission of Colorado, City of Fort Collins, Colorado and State Compensation Insurance Fund v. James William Nye. No. 24176Supreme Court of Colorado. Decided April 13, 1970. From judgment reversing Industrial Commission which ruled that it was without jurisdiction of employee’s claim because claim was barred by statute, the Commission, City, and […]

Elaine LANPHIER, Petitioner-Appellant, v. DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Laboratory Radiation Services, Respondent-Appellee, and Colorado State Personnel Board, Appellee. No. 05CA1960.Colorado Court of Appeals. May 3, 2007. Rehearing Denied June 14, 2007. Certiorari Dismissed February 8, 2008. Page 149 Roseman Kazmierski, LLC, Barry D. Roseman, Denver, Colorado, for Petitioner-Appellant. John W. Suthers, Attorney General, […]

26 P.2d 1068 CARSON v. THE PEOPLE. No. 13,363.Supreme Court of Colorado. Decided November 6, 1933. Plaintiff in error was convicted of robbery. Affirmed. On Application for Supersedeas. 1. CRIMINAL LAW — Robbery. This case ruled by the opinion in Rowan v. People, 93 Colo. 473. Error to the District Court of Phillips County, Hon. […]

(266 P.2d 1115) LANDY ET AL v. JORDAN. No. 17,110.Supreme Court of Colorado. Decided February 15, 1954. Rehearing denied April 5, 1954. An action involving a note secured by a trust deed on real estate, and alleged default in payments thereon. “The trial court found that there was no delinquency.” Affirmed. 1. BILLS AND NOTES […]

Magnetic Engineering, Inc, and State Farm Fire and Casualty Co., Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado and Michael Marshall, Respondents. No. 99CA1380Colorado Court of Appeals. June 8, 2000 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, W.C. No. 4-322-733. ORDER AFFIRMED Page 386 […]

(417 P.2d 768) James Franklin Ferguson, Jr. v. The People of the State of Colorado. No. 21721.Supreme Court of Colorado. Decided August 22, 1966. Rehearing denied September 19, 1966. Defendant was convicted of aggravated robbery and brings error. Affirmed. 1. CRIMINAL LAW — Trial — Within One Year — Rule. The proper rule which permits […]

(526 P.2d 155) In the Matter of the Estate of Peter P. Plazza, Deceased. Jane Plazza Link v. Esther M. Clark No. 73-389Colorado Court of Appeals. Decided August 20, 1974. In ancillary estate proceedings, district court entered orders striking widow’s election to take against the will and striking widow’s selection of Page 297 property for […]

Neoplan USA Corporation and Reliance Insurance Company, Petitioners, v. The Industrial Claim Appeals Office of the State of Colorado; James Leroy Filbeck; and Director, Division of Labor, Department of Labor and Employment, Respondents. No. 85CA1328 No. 88CA0617Colorado Court of Appeals. Decided June 15, 1989. Rehearing Denied July 13, 1989. Review of Order from the Industrial […]

CITY OF LOVELAND POLICE DEPARTMENT and CIRSA, Petitioners, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, Lana Lea Davison, and David Allan Davison, deceased, Respondents. No. 05CA0165.Colorado Court of Appeals. May 18, 2006. Certiorari Denied September 11, 2006. Appeal from the Industrial Claim Appeals Office. Page 944 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

Paul C. Carleno, Petitioner in 86CA0705, v. Littleton School District #6; and The Industrial Commission of the State of Colorado, Respondents in 86CA0705, and Paul C. Carleno, Petitioner, v. Tony’s Meats, Inc. d/b/a Tony’s Meats Deli; and the Industrial Commission of the State of Colorado, Respondents in 86CA0956. No. 86CA0705 No. 86CA0956Colorado Court of Appeals. […]

(234 P.2d 615) JONES v. FEDERAL LIFE INSURANCE COMPANY. No. 16,680.Supreme Court of Colorado. Decided July 23, 1951. An action on an insurance policy. Judgment for defendant. Affirmed. 1. AUTOMOBILES — Thrown from Vehicle. “Thrown from such vehicle or car,” means, “a hurling or catapulting of the person from the car, so that thereafter the […]

59 P.2d 1182 EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES v. FOTHERINGILL. No. 13,790.Supreme Court of Colorado. Decided May 25, 1936. Rehearing denied June 15, 1936. Judgment affirmed in department without written opinion, Mr. Justice Burke, sitting for Mr. Chief Justice Campbell, Mr. Justice Butler and Mr. Justice Holland, participating. Error to the District […]

176 P.2d 681 REED v. BLAKLEY ET AL., CITY COUNCILMEN OF DENVER. No. 15,806.Supreme Court of Colorado. Decided December 31, 1946. Rehearing denied January 14, 1947. A proceeding to compel the city council of Denver to act upon the application of petitioner for a license to sell intoxicating liquor in that city. Alternative Writ Discharged. […]

Bill RITTER, in his official capacity as Colorado Governor, Applicant-Appellee, v. Brad JONES, Respondent-Appellant, and Rosemary Marshall, in her official capacity as Colorado State Representative, Intervenor-Appellee. No. 08CA0506.Colorado Court of Appeals. April 2, 2009. Appeal from the District Court, City and County of Denver, Michael A. Martinez, J. Page 955 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

(363 P.2d 646) THE EMPLOYERS’ LIABILITY ASSURANCE CORPORATION, LTD., ET AL. v. INDUSTRIAL COMMISSION OF COLORADO ET AL. No. 19,726.Supreme Court of Colorado. Decided July 24, 1961. From a judgment affirming an award of compensation for death of an employee, the employer and insurance carrier bring error. Affirmed. 1. WORKMEN’S COMPENSATION — Employee — Traveling […]

Susan McLean and Kenneth McLean, Plaintiffs-Appellants, v. Winter Park Recreational Association, Defendant-Appellee. No. 86CA1289Colorado Court of Appeals. Decided July 7, 1988. Rehearing Denied September 8, 1988. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge Treece, Bahr Arckey, James L. Treece, for Plaintiffs-Appellants. White and Steele, P. […]

(335 P.2d 543) HARLEY J. SNYDER v. INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 18,709, 18,710.Supreme Court of Colorado. Decided February 16, 1959. From a judgment affirming denial of his claim for compensation from an alleged employer, the claimant brings error. Reversed and Remanded With Directions. 1. WORKMEN’S COMPENSATION — Statute — Construction. The provision […]

(273 P.2d 725) COLORADO FUEL AND IRON CORPORATION v. ALITTO ET AL. No. 17,463.Supreme Court of Colorado. Decided August 23, 1954. Rehearing denied September 13, 1954. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Sickness — Silicosis — Appeal and Error. An award of compensation to a claimant […]

(511 P.2d 910) Mary L. Kappers and Jimmie L. Kappers v. Donn D. Thomas and Douglas A. McKinnon No. 72-336Colorado Court of Appeals. Decided April 10, 1973. Rehearing denied May 1, 1973. Certiorari denied July 30, 1973. Following an extended period without progress being made of record, tort action was dismissed, and plaintiff moved for […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Brian Scott CLAYTON, Defendant-Appellee. No. 08SA353.Supreme Court of Colorado. May 18, 2009. Appeal from the District Court, El Paso County, Jann DuBois, J. Page 832 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

(358 P.2d 479) E. P. SWERDFEGER v. JOHN L. KRUEGER, MINOR, ETC. No. 19,045.Supreme Court of Colorado. Decided December 30, 1960. Action against owner of dog for damages resulting from attack. Judgment for plaintiff. Reversed. 1. ANIMALS — Vicious Dog — Confinement. Defendant who securely restrained dog on premises where it could not reach persons […]

Board of County Commissioners of the County of Jefferson, State of Colorado, Petitioner, v. Fay Auslaender and Bennett A. Auslaender, and Donald E. Couch, as Treasurer of Jefferson County, Respondents. No. 85SC394Supreme Court of Colorado. Decided November 2, 1987. Opinion Modified and, as Modified, Rehearing Denied November 30, 1987. Certiorari to the Colorado Court of […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Matthew S. CASTELLANO, Defendant-Appellant. No. 07CA0979.Colorado Court of Appeals. March 19, 2009. Rehearing Denied April 30, 2009. Certiorari Denied June 29, 2009. Appeal from the District Court, Jefferson County, Lily W. Oeffler, J. Page 1209 John W. Suthers, Attorney General, Corelle M, Spettigue, Assistant Attorney General, […]

Associated Natural Gas, Inc., a Colorado corporation, Plaintiff-Appellee, v. Nordic Petroleums, Inc., a Colorado corporation, Defendant-Appellant. No. 89CA0062Colorado Court of Appeals. Decided September 13, 1990. Rehearing Denied November 15, 1990. Certiorari Denied March 25, 1991 (90SC745). Appeal from the District Court of the City and County of Denver Honorable John W. Coughlin, Judge. Vinton, Slivka […]

Christa G. Bohrer, Plaintiff-Appellee, v. Daniel DeHart; First United Methodist Church of Greeley, a non-profit Colorado corporation; and Rocky Mountain Conference of the United Methodist Church, a non-profit Colorado corporation, Defendants-Appellants. No. 94CA1058, No. 94CA1183, No. 94CA1200Colorado Court of Appeals. February 20, 1997 Rehearing Denied February 20, 1997 Certiorari for Cross Petition Granted October 20, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Alan D. Sudduth, Defendant-Appellant. No. 98CA1242Colorado Court of Appeals. August 19, 1999 Appeal from the District Court of Arapahoe County, Honorable James F. Macrum, Jr., Judge, No. 95CR646 ORDER AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 316 Ken Salazar, Attorney General, […]

(566 P.2d 1358) Carl M. Ginter, Jr. v. Palmer and Company, a Colorado Corporation No. 76-460Colorado Court of Appeals. Decided April 14, 1977. Rehearing denied May 5, 1977. Certiorari granted August 2, 1977. Heir of stockholder of stock in close corporation brought action challenging provisions which allowed corporation to purchase the stock for its “book […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Gregg Alan MACLAREN, Defendant-Appellee. No. 10CA0079.Colorado Court of Appeals. September 2, 2010. Appeal from the District Court, Garfield County, Denise K. Lynch, J. Page 579 Martin C. Beeson, District Attorney, Jonathan Potosky, Deputy District Attorney, Glenwood Springs, Colorado, for Plaintiff-Appellant. Douglas K. Wilson, Colorado State Public […]

14 P.2d 179 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES v. NOLAN. No. 12,505.Supreme Court of Colorado. Decided June 6, 1932. Rehearing denied September 12, 1932. Action on life benefit certificate. Judgment for plaintiff. Affirmed. 1. INSURANCE — Fraternal Associations — Premium Payment — Time Waiver. Where it appears that an insurance society accepted payment of […]

The People of the State of Colorado, Plaintiff-Appellee, v. Roger Dwight Green, Defendant-Appellant. No. 81CA0311Colorado Court of Appeals. Decided November 26, 1982. Rehearing denied December 16, 1982. Certiorari Denied February 7, 1983. Page 282 Appeal from the District Court of El Paso County Honorable Joe A. Cannon, Judge. J.D. MacFarlane, Attorney General, Richard Hennessey, Deputy […]

The People of the State of Colorado, Plaintiff-Appellee, v. Neil Gerald Breaman, Defendant-Appellant. No. 95CA0358Colorado Court of Appeals. Decided March 7, 1996 Petition for Writ of Certiorari GRANTED October 15, 1996 Appeal from the District Court of Larimer County, Honorable William F. Dressel, Judge, No. 91CR530. ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 1140 […]

(618 P.2d 708) Jose S. C. Salazar and Virginia S. Salazar, individually and as parents of Randolph M. Salazar, a minor, Juan D. Salazar, a minor, and Kenneth L. Salazar, a minor; Randolph M. Salazar, by and through his next friend, Jose S. C. Salazar; Juan D. Salazar, by and through his next friend, Jose […]

Susan Fredrickson, Appellant, v. Denver Public School District No. 1, Appellee. No. 90CA0421Colorado Court of Appeals. Decided May 23, 1991. Rehearing Denied June 20, 1991. Certiorari Denied October 28, 1991 (91SC433). Page 1069 Appeal from the Board of Education of Denver Public School District No. 1. Law Offices of George C. Price, George C. Price, […]

The People of the State of Colorado, Complainant, v. William R. Dowhan, Attorney-Respondent. No. 97SA389Supreme Court of Colorado. January 20, 1998 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. John M. Richilano, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC JUSTICE BENDER does […]

Colorado State Board of Medical Examiners, Appellee, v. Imran U. Khan, M.D., Respondent-Appellant. No. 98CA0793Colorado Court of Appeals. Division III July 8, 1999 Appeal from the Colorado State Board of Medical Examiners No. ME-96-28. Page 671 Gale A. Norton, Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Charles D. MARTINEZ, Jr., Defendant-Appellant. No. 04CA2136.Colorado Court of Appeals. September 22, 2005. Rehearing Denied November 23, 2005. Certiorari Denied February 6, 2006. Appeal from the District Court, Adams County, John E. Popovich, Jr., J. Page 292 John W. Suthers, Attorney General, Katherine A. Hansen, Assistant […]

(357 P.2d 929) EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, ET AL. v. THE INDUSTRIAL COMMISSION OF COLORADO, ET AL. No. 19,429.Supreme Court of Colorado. Decided December 19, 1960. Action to review an award of the Industrial Commission for death arising out of and in the course of employment of the deceased. Judgment sustaining award. […]

(563 P.2d 943) Carolyn Kropp and Patricia Lea Pecaut v. Farmers Insurance Exchange No. C-921Supreme Court of Colorado. Decided May 2, 1977. Rehearing denied May 23, 1977. Certiorari to review decision of the court of appeals, 37 Colo. App. 276, 547 P.2d 1289, which affirmed the order of the probate court, vacating an appointment of […]

164 P.2d 471 NORTON v. KIRSCHWING, Manager of Safety and Excise. No. 15,652.Supreme Court of Colorado. Decided December 3, 1945. An action in certiorari involving the suspension of a liquor license. Judgment of dismissal. Affirmed. 1. ACTIONS — Admissions — Dismissal. Where, under the record, it appears that a plaintiff has “admitted himself out of […]

Leroy Williams, Jr. Petitioner, v. The People of the State of Colorado, Respondent. No. 82SC156Supreme Court of Colorado. Decided August 27, 1984. Rehearing Denied September 17, 1984. Certiorari to the Colorado Court of Appeals Page 951 Frye and Sawaya, P.C., John R. Frye, Jr., Richard F. Rose, for petitioner. J.D. McFarlane, Attorney General, Richard F. […]

(523 P.2d 164) Aurelius L. Schultz v. Industrial Commission of the State of Colorado, and Kenneth E. Forsberg No. 73-309Colorado Court of Appeals. Decided May 29, 1974. Carpenter who contracted to do certain work on respondent’s personal residence sought workmen’s compensation benefits for injuries sustained while engaged in that work. From denial of his claim […]

Gwendolyn G. Johnson and Roger W. Johnson, Petitioners, v. James A. Smith; Marshall Young; Jack J. Hull; Realty-in-the-Rockies, Inc., a Colorado corporation; C.V. Lindsey; Mattie Ethel Lindsey, individually; Mattie Ethel Lindsey as Executrix of the B.G. Lindsey Estate; the B.G. Lindsey Estate; P.E. Lindsey, as Executor of the Ruby Parker Lindsey Estate; the Ruby Parker […]

The People of the State of Colorado, Plaintiff-Appellee, v. Barney Quintanar, Defendant-Appellant. No. 81CA0881Colorado Court of Appeals. Decided November 18, 1982. Rehearing denied December 16, 1982. Appeal from the District Court of Morgan County Honorable James R. Leh, Judge J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Assistant Attorney General, […]

(568 P.2d 32) Edwin Darr v. The People of the State of Colorado No. C-976Supreme Court of Colorado. Decided August 15, 1977. Defendant was acquitted of the charge of attempted felony theft by receiving jewelry valued at $100 or more, and the district attorney appealed to the court of appeals which disapproved the trial court’s […]

448 P.2d 208 In the Matter of the Incorporation of “North Boulder,” a heretofore unincorporated Part of the County of Boulder, State of Colorado, George W. Poor, Martha, J. Poor, W. W. Degge, and others similarly situated v. Melvin L. Sisson, C. Richard Johnson, William D. Nelis, Lauretta P. Hiatt. No. 22365.Supreme Court of Colorado. […]

Diane Singleton, Petitioner, v. Kenya Corporation, the Colorado Compensation Insurance Authority, and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 97CA1291Colorado Court of Appeals. May 14, 1998 Petition for Rehearing DENIED June 25, 1998 Review of Order from the Industrial Claim Appeals Office of the State of Colorado, WC No. 4-220-503 […]

(491 P.2d 977) City and County of Denver, A Municipal Corporation, and Charles D. Byrne, as Auditor of the City and County of Denver v. R. M. Floyd No. 23118Supreme Court of Colorado. Decided September 13, 1971. Rehearing denied October 4, 1971 Action involving construction of two sections of city charter relating to compensation of […]

188 P.2d 444 WISE v. THOMAS ET AL. No. 15,629.Supreme Court of Colorado. Decided December 8, 1947. Rehearing denied January 5, 1948. An action to quiet title to real property. Judgment for plaintiffs. Reversed. 1. HOMESTEADS — Husband and Wife. A conveyance of homestead property by only one of the spouses is invalid and ineffectual […]

Rodell Johnson, Complainant-Appellant, v. The Colorado Department of Institutions and Colorado State Personnel Board, Defendants-Appellees. No. 86CA0971Colorado Court of Appeals. Decided January 28, 1988. Rehearing Denied March 3, 1988. Certiorari Denied June 13, 1988 (88SC136). Appeal from the State Personnel Board Barry D. Roseman, for Complainant-Appellant. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

Pilgrim Rest Baptist Church, Inc., Petitioner-Appellee, and Board of Assessment Appeals, Appellee, v. Property Tax Administrator, Mary Huddleston, Respondent-Appellant. No. 97CA1425Colorado Court of Appeals. April 30, 1998 As Modified on Denial of Rehearing June 25, 1998 Certiorari Denied February 16, 1999 Appeal from the Colorado State Board of Assessment Appeals, Nos. 31568 31569. ORDER AFFIRMED […]

The People of the State of Colorado, Plaintiff-Appellee, v. Rory D. Wilson, Defendant-Appellant. No. 97CA1427Colorado Court of Appeals. September 3, 1998 Petition for Rehearing DENIED October 29, 1998. Certiorari Denied March 1, 1999. Appeal from the District Court of Mesa County, Honorable Nicholas R. Massaro, Judge No. 96CR306. Page 702 JUDGMENT AFFIRMED Page 703 Gale […]

(304 P.2d 1083) B. GILBERT ARONOFF, ET AL. v. PIONEER MUTUAL COMPENSATION COMPANY, ET AL. No. 17,718.Supreme Court of Colorado. Decided December 24, 1956. A class action by policyholders of a mutual insurance company seeking relief from an assessment levied against them. From a judgment for the receiver of defendant company the plaintiffs bring error. […]

Julie STONE, Plaintiff. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant. No. 07SA321.Supreme Court of Colorado. June 2, 2008. Appeal from the District Court, City and County of Denver, Christina Habas, J. Page 151 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

(376 P.2d 679) THE MAY STORES SHOPPING CENTERS, INC., v. JOSEPH SHOEMAKER, ET AL., AS THE BOARD OF COUNTY COMMISSIONERS OF THE CITY AND COUNTY OF DENVER. ETC., ET AL. No. 19,754.Supreme Court of Colorado. Decided November 19, 1962. Rehearing denied December 24, 1962. Action protesting assessed value of land in shopping center. From a […]

30 P.2d 1110 SCHWARTZ v. WEINER. No. 12,913.Supreme Court of Colorado. Decided December 4, 1933. Rehearing denied February 19, 1934. Opinion adhered to en banc March 19, 1934. Action for services rendered in connection with purchase of an apartment house. Judgment for plaintiff. Affirmed. 1. ACTIONS — Illegal Services. One cannot maintain a suit to […]

(571 P.2d 1111) The People of the State of Colorado v. Theodore D. Grant No. 76-085Colorado Court of Appeals. Decided September 8, 1977. Rehearing denied September 22, 1977. Convicted of felony murder and related crimes, defendant appealed. Affirmed 1. CRIMINAL LAW — Motion for New Trial — No Allegation — Statements Inadmissible — Failure to […]

(583 P.2d 908) The People of the State of Colorado v. Robert Lee Gennings No. 27620Supreme Court of Colorado. Decided August 21, 1978. Defendant was convicted of first-degree sexual assault and after verdict trial court granted defendant’s motion for judgment notwithstanding the verdict and entered judgment against defendant on the lesser offense of third-degree sexual […]

Joseph Bryant, Plaintiff-Appellee, v. Career Service Authority and Career Service Board, Defendants-Appellants. No. 87CA0053Colorado Court of Appeals. Decided June 30, 1988. Appeal from the District Court of the City and County of Denver Honorable Robert P. Fullerton, Judge Page 1038 Barry D. Roseman, for Plaintiff-Appellee. Stephen H. Kaplan, City Attorney, John R. Palermo, Assistant City […]

Welby Gardens Company, Petitioner-Appellee, and Colorado Board of Assessment Appeals, Appellee, v. Adams County Board of Equalization, Respondent-Appellant. No. 01CA0307Colorado Court of Appeals. January 3, 2002 As Modified on Denial of Rehearing May 23, 2002. Certiorari Granted October 28, 2002. Page 1122 Colorado Board of Assessment Appeals Nos. 35693, 35753 35754. ORDER REVERSED William A. […]

(549 P.2d 778) The People of the State of Colorado on the Information of John Stump Witcher, District Attorney within and for the Eleventh Judicial District of the State of Colorado v. The District Court in and for the County of Fremont in the Eleventh Judicial District of the State of Colorado, Southern Division, The […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John Louis MANTOS, Defendant-Appellant. No. 07CA2107.Colorado Court of Appeals. August 6, 2009. Rehearing Denied October 29, 2009. Appeal from the District Court, El Paso County, David A. Gilbert, J. Page 587 John W. Suthers, Attorney General, Rhonda L. White, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Shawn Dewitt ALLEN, Defendant-Appellant. No. 02CA1061.Colorado Court of Appeals. October 7, 2004. Certiorari Denied May 16, 2005. Appeal from the District Court, City and County of Denver, Gloria A. Rivera, J. Page 519 Ken Salazar, Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, for […]

Brent A. Combs, Cynthia D. Combs, and William “Chip” Wiman, a/k/a Committee for Recall, Plaintiffs-Appellees, v. Jennifer Nowak, in her official capacity as City Clerk of the City of Central, a home rule municipal corporation; and the City Council of the City of Central, Defendants-Appellants. No. 01CA0661.Colorado Court of Appeals. January 31, 2002. Gilpin County […]

PLAZA DEL LAGO TOWNHOMES ASSOCIATION, INCORPORATED, Plaintiff-Appellee, v. HIGHWOOD BUILDERS, LLC, Defendant-Appellant. No. 05CA0607.Colorado Court of Appeals. September 7, 2006. Appeal from the Jefferson County District Court No. 04CV3776, Margie L. Enquist, J. Page 368 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

(361 P.2d 773) COLD SPRING TUNGSTEN, INC. v. AMERICAN STEEL AND IRON WORKS, INC. No. 19,144.Supreme Court of Colorado. Decided May 8, 1961. Rehearing denied May 29, 1961. Action to foreclose mechanic’s lien. Judgment for plaintiff. Affirmed. 1. COMPROMISE AND SETTLEMENT — Contract — Performance — Disputed Claim — Evidence. Where evidence disclosed that parties […]

(434 P.2d 414) Andrew Dzuris, Thomas Dzuris and Joseph Dzuris v. George Kucharik. No. 21793.Supreme Court of Colorado. Decided December 4, 1967. Action by plaintiff to recover possession of strip of land by virtue of claim of adverse possession, and defendants counterclaimed for an easement. Judgment for plaintiff. Reversed. 1. ADVERSE POSSESSION — Strip of […]

120 P.2d 959 KLIPFEL v. BOWES, DOING BUSINESS AS A. G. BOWES AND SON. No. 15,008.Supreme Court of Colorado. Decided January 5, 1942. A suit to recover a broker’s commission on a sale of real estate. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. BROKERS — Real Estate — Commissions — Contracts. A contract […]

(375 P.2d 682) MARDI, INCORPORATED, ET AL., v. CITY AND COUNTY OF DENVER, ET AL. No. 19,668.Supreme Court of Colorado. Decided November 5, 1962. From an adverse judgment rendered on their appeal from ruling of Board of Equalization denying relief from property valuations claimed to be excessive, the plaintiffs bring error. Affirmed in Part, Reversed […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee v. Daniel Lyle JENSEN, Defendant-Appellant. No. 06CA0742.Colorado Court of Appeals. October 18, 2007. Appeal from the District Court, Park County, Edwin G. Ruland, J. Page 947 John W. Suthers, Attorney General, Elizabeth J. Wahl, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Wilderson, O’Hayre, Dawson Frazier, P.C., Rufus […]

60 P.2d 227 WEAVER, ADMINISTRATRIX v. DUGAN, ADMINISTRATOR. No. 13,968.Supreme Court of Colorado. Decided July 13, 1936. On motion to dismiss writ of error. Motion Denied. 1. EXECUTORS AND ADMINISTRATORS — Real Property — Actions. Under pertinent statutes an administrator may maintain an action to recover real property belonging to the estate of decedent, and […]

13 P.2d 1113 IN RE DISSOLUTION GREEN CITY IRRIGATION DISTRICT. HEATH v. GREEN CITY IRRIGATION DISTRICT. No. 12,839.Supreme Court of Colorado. Decided June 20, 1932. Rehearing denied September 12, 1932. Action to dissolve irrigation district. Decree for dissolution entered. Affirmed. 1. IRRIGATION DISTRICTS — Dissolution — Indebtedness. Dissolution of an irrigation district may not be […]

The People of the State of Colorado, Plaintiff-Appellee, v. David Garcia, Defendant-Appellant. No. 85CA0229Colorado Court of Appeals. Decided December 4, 1986. Rehearing Denied January 15, 1987. Certiorari Denied Garcia April 6, 1987 (87SC76). Appeal from the District Court of Otero County Honorable Fred E. Sisk, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy […]

(232 P.2d 183) ABERDEEN BUILDING CORPORATION ET AL. v. RICKORDS ET AL. No. 16,451.Supreme Court of Colorado. Decided April 30, 1951. Rehearing denied May 28, 1951. An action to compel the reconveyance of real estate sold by plaintiffs to Pueblo, and for reassignment of certain tax-sales certificates of purchase. Judgment for defendants. Affirmed. 1. REAL […]

Ronnie Marshall, Plaintiff-Appellant, v. The City of Aspen and Aspen Planning and Zoning Commission, Defendants-Appellees. No. 93CA1001Colorado Court of Appeals. Decided August 11, 1994. Petition for Rehearing DENIED September 29, 1994. Petition for Writ of Certiorari GRANTED April 10, 1995. Appeal from the District Court of Pitkin County Honorable T. Peter Craven, Judge No. 92CV47 […]

Colorado Department of Revenue; John J. Tipton, in his official capacity as the Executive Director of the Colorado Department of Revenue; and Amelie A. Buchanan, in her official capacity as the Deputy Director of the Colorado Department of Revenue, Petitioners, v. Woodmen of the World and/or Assured Life Association, Respondents. No. 95SC15Supreme Court of Colorado. […]

210 P.2d 840 SILER, DOING BUSINESS AS SILER DRILLING COMPANY v. HOLLADAY. No. 16,320.Supreme Court of Colorado. Decided September 26, 1949. Rehearing denied October 24, 1949. An action for accounting for proceeds derived from the operation of an autotruck. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without written opinion. MR. JUSTICE MOORE not […]

(610 P.2d 1342) Barbara Celestine v. The District Court for the Fourth Judicial District, State of Colorado, Division 6, the Honorable Hunter D. Hardeman, District Judge No. 80SA90Supreme Court of Colorado. Decided May 19, 1980. Defendant charged with child abuse filed a petition for a writ of mandamus after she was denied a preliminary hearing. […]

(290 P.2d 226) PAT CHERRINGTON, ET AL. v. CARL E. WOODS. No. 17,560.Supreme Court of Colorado. Decided November 21, 1955. Rehearing denied December 12, 1955. Action for damages for misrepresentations in the sale of a liquor business, in which the defendants counterclaimed for the balance of the purchase price represented by notes. The trial court […]

(415 P.2d 531) Alfonso M. Nieto v. The People of the State of Colorado. No. 21550.Supreme Court of Colorado. Decided June 20, 1966. Defendant was convicted of felonious escape from state honor farm and brought error. Reversed. 1. ESCAPE — Felony — Testimony of Defendant — Documents — Identity — Harmless Error. In prosecution for […]

121 P.2d 483 HERTZ DRIV-UR-SELF, INC v. HENDRICKSON. No. 14,927.Supreme Court of Colorado. Decided January 12, 1942. Action for damages for injuries resulting from an automobile accident. Judgment for plaintiff. Reversed. 1. AUTOMOBILES — Statutes — Damages. The violation of a statute regulating the use of motorcars does not, of itself, impose liability for injuries […]

Loffland Brothers Company and National Union Fire Insurance Company, Petitioners, v. The Industrial Commission of the State of Colorado and David Ray Smith, Respondents. No. 85CA0131Colorado Court of Appeals. Decided November 7, 1985. Rehearing Denied December 5, 1985. Certiorari Denied Ind. Commission February 10, 1986 (85SC499). Review of Order from the Industrial Commission of the […]

13 P.2d 259 FIRST STATE BANK OF WIGGINS v. SIMMONS. No. 12,681.Supreme Court of Colorado. Decided June 27, 1932. Controversy between judgment creditor and chattel mortgagee over fund owing to debtor mortgagor. Judgment for judgment creditor. Affirmed. 1. BAILMENT — Contract. Where parties in a contract to grow seed stipulated that the seed furnished and […]

David M. Moya, Appellant, v. Colorado Limited Gaming Control Commission, Appellee. No. 92CA1937Colorado Court of Appeals. Decided February 10, 1994 Appeal from the Colorado Limited Gaming Control Commission No. GAD-92004 ORDER AFFIRMED Page 621 Sarah A. Hopkins, Sandra Saltrese-Miller, Denver, Colorado, for Appellant Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, […]

Pete James Cummings, Petitioner, v. The People of the State of Colorado, Respondent. No. 88SC368Supreme Court of Colorado. Decided January 16, 1990. Rehearing Denied February 12, 1990. Page 921 Certiorari to the Colorado Court of Appeals Leo Wotan, Jr., for Petitioner. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, […]

Michael N. Milligan, Petitioner-Appellant, v. Colorado Department of Corrections, Respondent-Appellee. No. 86CA0740Colorado Court of Appeals. Decided January 28, 1988. Appeal from the District Court of Fremont County Honorable Paul J. Keohane, Judge Page 76 Michael N. Milligan, Pro Se. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, […]