Category: Colorado Court Opinions

202 P.2d 151 GILLESPIE v. DISTRICT COURT, PUEBLO COUNTY ET AL. No. 16,166.Supreme Court of Colorado. Decided January 24, 1949. Rehearing denied January 31, 1949. A proceeding in prohibition. Rule to show cause sustained. 1. PRACTICE AND PROCEDURE — Rules. Rule 65 (b) R.C.P. Colo., pertaining to injunctions is not applicable in actions for “divorce, […]

Daniel J. Parker, Plaintiff-Appellee, v. Center for Creative Leadership, Defendant-Appellant. No. 99CA1595Colorado Court of Appeals. November 9, 2000 Appeal from the District Court of El Paso County, Honorable Thomas K. Kane, Judge, No. 99CV0449. ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 298 Richard James Goff, P.C., Daniel A. Brittsan, Littleton, Colorado, for Plaintiff-Appellee White […]

49 P.2d 435 HOLLENBECK v. CITY AND COUNTY OF DENVER. No. 13,497.Supreme Court of Colorado. Decided September 16, 1935. Plaintiff in error was fined for the violation of a city ordinance concerning the licensing of gasoline filling stations. Affirmed. 1. EVIDENCE — Admissibility. In a proceeding involving the violation of a city ordinance concerning the […]

James F. McIntyre, D.D.S., Plaintiff-Appellee, v. The City and County of Denver, Department of Revenue, Thomas P. Briggs, as Manager of Revenue, of the City and County of Denver, and Milo E. Scram, as Hearing Officer of the City and County of Denver, Department of Revenue, Defendants-Appellants, and Gary Hoffman, D.D.S.; John N. Abrams, D.D.S.; […]

The People of the State of Colorado, Complainant, v. Ronald Charles Williams, Attorney-Respondent. No. 96SA27Supreme Court of Colorado. Decided April 22, 1996 Original Proceeding in Discipline ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Ronald Charles Williams, Pro Se, Denver, Colorado. EN BANC PER CURIAM [1] […]

Heritage Village Owners Association, Inc., a Colorado nonprofit corporation, Plaintiff-Appellee, v. Golden Heritage Investors, Ltd., a Colorado limited partnership; Townhomes Heritage, LLC, a Colorado limited liability company; and WW Construction Management, Inc., a Colorado corporation, Defendants-Appellants. No. 02CA0985.Colorado Court of Appeals. March 11, 2004. Jefferson County District Court No. 97CV1730, Honorable Stephen M. Munsinger, Judge. […]

60 P.2d 1087 CITY OF ALAMOSA v. JOHNSON. No. 13,749.Supreme Court of Colorado. Decided June 29, 1936. Rehearing denied September 21, 1936. Action against a city for damages for personal injuries sustained by a fall on an icy sidewalk. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. MUNICIPAL CORPORATIONS — Negligence — Icy Sidewalks. […]

48 P.2d 792 CREEK v. LEBO INVESTMENT COMPANY. No. 13,438.Supreme Court of Colorado. Decided August 19, 1935. Rehearing denied September 9, 1935. Action for rent. Judgment for plaintiff. Affirmed. 1. TRIAL — Two Verdicts — Judgment. Where there are two verdicts in a case, one in favor of plaintiff, the other for defendant, upon both […]

City and County of Denver, a municipal corporation, and Winter Park Recreational Association, a nonprofit corporation, Plaintiffs-Appellees, v. Board of Assessment Appeals of the State of Colorado; Board of Equalization of Grand County; Lorene Linke, W.A. Needham, Herbert Ritschard, and Richard Leonard, as members of the Grand County Board of Equalization; Lisa M. Underbrink, Grand […]

(492 P.2d 840) Richard Orville Diggs v. The People of the State of Colorado No. 24591Supreme Court of Colorado. Decided January 17, 1972. Defendant was convicted of attempted removal of automobile parts and brought error. Affirmed 1. INDICTMENT AND INFORMATION — Attempted Removal of Automobile Parts — Time — Place — Proper. Information which reasonably […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jack Eugene Fleming, Defendant-Appellant. No. 88CA1717Colorado Court of Appeals. Decided July 19, 1990. Certiorari Granted February 11, 1991 (90SC627). Opinion Modified, and as Modified Rehearing Denied September 6, 1990. Certiorari Granted on the following issues: Whether the court of appeals erred in holding that admission of […]

(543 P.2d 1290) People of the State of Colorado v. Elmer Roger Martinez No. 75-075Colorado Court of Appeals. Decided October 23, 1975. Rehearing denied November 13, 1975. Certiorari denied January 19, 1976. In prosecution for theft, trial court ruled that where power saws were stolen in New Mexico and sold by defendant twelve days later […]

The Observatory Corporation, a Colorado corporation, doing business as The Observatory, Petitioner, v. Raymond F. Daly, Respondent. No. 88SC174Supreme Court of Colorado. Decided September 18, 1989. Rehearing Denied October 23, 1989. Certiorari to the Colorado Court of Appeals Tilly Graves, P.C., John W. Grund, Katherine L. Vaggalis for Petitioner. Michael G. Sabbeth for Respondent. EN […]

178 P.2d 676 GUTHNER ET AL. v. BUFFINGTON. No. 15,422.Supreme Court of Colorado. Decided March 10, 1947. Rehearing denied March 31, 1947. An action for damages for personal injuries. Judgment for plaintiff. Affirmed in department without written opinion, Mr. Chief Justice Burke, Mr. Justice Jackson and Mr. Justice Luxford, participating. Error to the District Court […]

491 P.2d 75 Walter Ruark v. Norman J. Peterson and Barbara J. Peterson No. 70-138Colorado Court of Appeals. Decided November 2, 1971. Action for specific performance of option contract. Trial court granted specific performance to optionees; optionor appealed. Affirmed 1. CONTRACTS — Optionor — Not Intend — Perform — Optionees — Unconditionally Committed — Excused […]

The People of the State of Colorado, Plaintiff-Appellant, v. Robert Schrader, Defendant-Appellee. No. 95SA37Supreme Court of Colorado. Decided June 19, 1995 Interlocutory Appeal from the District Court, Yuma County Honorable James R. Leh, Judge. RULING REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 34 Chris D. Hefty, District Attorney, Thirteenth Judicial District, Douglas J. Haynes, Deputy […]

(563 P.2d 12) Roy R. Hessling, Betty A. Hessling, Albert L. Moon, Anna K. Moon, John E. Walburn, Delores I. Walburn, Gary W. Ryan and Joanne L. Ryan v. The City of Broomfield; The City Council of the City of Broomfield; The Planning and Zoning Commission for the City of Broomfield; Walter P. Spader, individually […]

Leonard Ray Shipley, Petitioner v. The People of the State of Colorado, Respondent. No. 01SC83Supreme Court of Colorado. April 29, 2002 Rehearing Denied May 20, 2002 Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 99CA2105. JUDGMENT REVERSED AND REMANDED No. 01SC83, People v. Shipley: CRIMINAL LAW — SENTENCING. The defendant petitioned […]

In re the Marriage of Christine Hannum n/k/a Christine Stone, Appellee, and Robert C. Hannum, Appellant. No. 89CA0513Colorado Court of Appeals. Decided April 19, 1990. Rehearing Denied June 14, 1990. Certiorari Denied September 10, 1990 (90SC431). Appeal from the District Court of the City and County of Denver Honorable Richard T. Spriggs, Judge Page 58 […]

110 P.2d 654 INDUSTRIAL COMMISSION ET AL. v. ROCKY MOUNTAIN FUEL COMPANY ET AL. No. 14,881.Supreme Court of Colorado. Decided February 10, 1941. A proceeding under the Workmen’s Compensation Act. The district court set aside an award of the Industrial Commission in favor of claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Time of Accident. That claimant, […]

(301 P.2d 343) JAMES B. PARRISH, ET AL. v. PUBLIC UTILITIES COMMISSION, ET AL. No. 17,899.Supreme Court of Colorado. Decided September 4, 1956. Rehearing denied October 1, 1956. Proceeding to review action of Public Utilities commission in dismissing a petition of water users to declare a water distributing system a common carrier. Judgment for defendants. […]

(505 P.2d 377) North Kiowa-Bijou Management District v. Ground Water Commission of the State of Colorado v. The First National Bank of Garland, Texas, Executor, Estate of Winton Jackson, Deceased No. 25088Supreme Court of Colorado. Decided January 22, 1973. Water rights case. From district court ruling that Ground Water Commission did not have jurisdiction to […]

(494 P.2d 85) The Board of County Commissioners of Jefferson County, Colorado and Jack L. Trezise, Joe B. Lewis, and W. H. “Bill” Huntsbarger, as members thereof v. Loren W. Simmons, Helen D. Simmons, and Robert M. Tynan No. 24708Supreme Court of Colorado. Decided February 28, 1972. Zoning case. From judgment of district court which […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee v. David Eugene McCULLOCH, Defendant-Appellant. No. 07CA0773.Colorado Court of Appeals. September 4, 2008. Appeal from the District Court, Boulder County, Lael E. Montgomery, J. Page 1265 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

James M. CRUMB, Jr., Petitioner, v. The PEOPLE of the State of Colorado, Respondent. No. 08SC884.Supreme Court of Colorado. April 26, 2010. Page 726 Appeal from the District Court, City and County of Denver, Robert L. McGahey, Jr., and Christina M. Habas, JJ. Page 727 The Noble Law Firm, LLC, Antony M. Noble, Lakewood, Colorado, […]

150 P.2d 864 GARCIA v. BEST, WARDEN. No. 15,498.Supreme Court of Colorado. Decided June 19, 1944. Rehearing denied July 31, 1944. On application for a writ of habeas corpus to procure petitioner’s release from the penitentiary. Application denied. Affirmed. 1. CRIMINAL LAW — Sentences — Parole Violations. Where a prisoner, while at liberty on parole, […]

(498 P.2d 1146) William Leon Loggins v. The People of the State of Colorado No. 24696Supreme Court of Colorado. Decided June 12, 1972. Defendant was convicted of attempted burglary and brought error. Affirmed 1. INDICTMENT AND INFORMATION — Plain — Concise — Definite — Rules. Under Crim. P. 7(c), the indictment or information must be […]

Jefferson County, Petitioner, v. Richard C. Kiser and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 93CA0636Colorado Court of Appeals. Decided May 19, 1994 Review of Order from the Industrial Claim Appeals Office of the State of Colorado DD No. 11,707-92 ORDER SET ASIDE AND CAUSE REMANDED WITH DIRECTIONS Ellen G. […]

(511 P.2d 471) Deborah Dewey Evans, William F. Gross, Earl C. Bolton, and G. N. Brasel, a/k/a Gerald N. Brasel v. District Court in and for the County of Boulder, State of Colorado, and The Honorable John B. Barnard, a Judge thereof, and his successor, The Honorable William D. Neighbors. No. 25942Supreme Court of Colorado. […]

R.W. Colby, as guardian and next friend of Dean L. Colby, an incapacitated adult, Plaintiff-Appellee, v. Progressive Casualty Insurance Company, Defendant-Appellant. No. 93CA2126Colorado Court of Appeals. June 15, 1995 Rehearing Denied July 20, 1995. Certiorari Granted January 8, 1996. Appeal from the District Court of the City and County of Denver Honorable Robert S. Hyatt, […]

(284 P.2d 238) R. M. MARVIN v. PUEBLO DAIRYMEN’S COOPERATIVE, INC. No. 17,558.Supreme Court of Colorado. Decided May 31, 1955. Rehearing denied June 20, 1955. Proceeding for injunction and damages for breach of cooperative marketing contract. Judgment and decree for plaintiff. Reversed and Remanded With Directions. 1. COOPERATIVE MARKETING ASSOCIATIONS — Contracts — Cancellation — […]

149 P.2d 809 EDWARDS v. QUACKENBUSH No. 15,167.Supreme Court of Colorado. Decided May 1, 1944. Rehearing denied June 12, 1944. An action against a physician and surgeon for damages allegedly resulting from his negligence in performing a surgical operation. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Negligence — Damages — Sufficiency of Evidence. […]

Elven McKenzie and Tucia McKenzie, Plaintiffs-Appellees, v. W. Gary Pope, Jeanette M. Pope, Thomas D. Whittingham, Cassandra Whittingham, Steve Whittingham, Diane Whittingham, and Soap Mesa Venture, LLC, Defendants-Appellants. No. 00CA1610Colorado Court of Appeals. September 13, 2001 Page 1278 Gunnison County District Court No. 99CV0057 Honorable J. Steven Patrick, Judge JUDGMENT VACATED AND CASE REMANDED WITH […]

City of Aspen, Petitioner, v. Mary Meserole, Respondent. No. 89SC637Supreme Court of Colorado. Decided December 24, 1990. Rehearing Denied January 28, 1991. Certiorari to the Colorado Court of Appeals. Younge Hockensmith, Earl G. Rhodes, for Petitioner. James R. True, for Respondent. EN BANC JUSTICE ERICKSON delivered the Opinion of the Court. [1] We granted certiorari […]

48 P.2d 813 STOCK YARDS NATIONAL BANK OF SOUTH OMAHA v. NEUGEBAUER. No. 13,754.Supreme Court of Colorado. Decided August 5, 1935. Rehearing denied September 9, 1935. Action on promissory note. Judgment of nonsuit. Affirmed. On Application for Supersedeas. 1. BILLS AND NOTES — Promissory Notes — Payment. It is the general rule that when payment […]

Hayward Lawson, Petitioner-Appellant, v. Aristedes Zavaras, Executive Director, Colorado Department of Corrections, Respondent-Appellee. No. 97SA185Supreme Court of Colorado. September 21, 1998 Rehearing Denied October 19, 1998 Appeal from the District Court, City and County of Denver, Honorable Connie L. Peterson, Judge JUDGMENT AFFIRMED Page 582 Paul Grant, Parker, Colorado, Attorney for Petitioner-Appellant. Gale A. Norton, […]

BRM CONSTRUCTION, INC., a Colorado corporation, Plaintiff-Appellee, v. MARAIS GAYLORD, L.L.C, a Colorado limited liability company, Defendant-Appellant. No. 06CA0559.Colorado Court of Appeals. June 28, 2007. Certiorari Denied April 21, 2008. Appeal from the District Court, City and County of Denver, Lawrence A. Manzanares, J. Page 284 Sherman Howard, L.L.C., Charlotte Wiessner, Bret R. Gunnell, Denver, […]

Paul Q. Beacom, as District Attorney in and for the Seventeenth Judicial District, Adams County, Colorado, Petitioner-Appellee and Cross-Appellant, v. The Board of County Commissioners of the County of Adams, State of Colorado, Respondent-Appellant and Cross-Appellee. No. 81SA289Supreme Court of Colorado. Decided January 17, 1983. Page 441 Appeal from the District Court of Adams County […]

DURANGO TRANSPORTATION, INC., Plaintiff-Appellant. v. COLORADO PUBLIC UTILITIES COMMISSION and DSC Purgatory, LLC, d/b/a Mountain Transport, Defendants-Appellees. No. 04SA391.Supreme Court of Colorado. October 24, 2005. Appeal from the District Court, City and County of Denver, William D. Robbins, J. Page 245 Cage Williams Abelman Layden, Mark W. Williams, Christian H. Hendrickson, Denver, for Plaintiff-Appellant. John […]

CONTINENTAL DIVIDE INSURANCE COMPANY, Plaintiff-Appellee, v. John P. DICKINSON, Defendant-Appellant. No. 06CA0256.Colorado Court of Appeals. July 12, 2007. Rehearing Denied September 6, 2007. Appeal from the District Court, Arapahoe County, William B. Sylvester, J. Page 203 Campbell, Latiolais Ruebel, P.C., Robyn B. Averbach, Denver, Colorado, for Plaintiff-Appellee. Jennifer E. Bisset, Denver, Colorado, for Defendant-Appellant. Opinion […]

City of Englewood, Petitioner, v. John David Hammes, Respondent. No. 81SC267Supreme Court of Colorado. Decided October 31, 1983. Rehearing Denied November 29, 1983. Certiorari to the District Court of Arapahoe County, Honorable Joyce S. Steinhardt, District Judge Page 948 Rick DeWitt, City Attorney, City of Englewood; Loretta B. Huffine, Assistant City Attorney, for petitioner City […]

84 P.2d 67 GASSER ET AL. v. CROWN HILL CEMETERY ASSOCIATION. No. 14,174.Supreme Court of Colorado. Decided October 24, 1938. Action to restrain the placing of markers or tablets of defendants’ manufacture in the burial grounds belonging to plaintiff. Judgment for plaintiff. Affirmed. 1. CEMETERIES — Lot Owners — Rights. The right of one who […]

United Fire Casualty Company, Plaintiff, v. Robert J. Armantrout, Sr., Defendant-Appellant and Cross-Appellee, and National Union Fire Insurance Company, a Pennsylvania corporation, and Combined Insurance Company of America, an Illinois corporation, Defendants-Appellees and Cross-Appellants. No. 93CA1614, 93CA1617.Colorado Court of Appeals. Decided April 20, 1995. Petitions for Rehearing GRANTED April 20, 1995. Petition for Rehearing DENIED […]

Gates Rubber Company; Honeywell Information Systems, Inc.; and Samsonite Corporation, Petitioners in 87SC259, v. The State Board of Equalization of the State of Colorado; The County Board of Equalization for the County of Adams, State of Colorado; Arapahoe County Board of Equalization; Board of Equalization of the County of Boulder, State of Colorado; John Murphy, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Duane Fred Schneider, Defendant-Appellee. No. 97CA2185Colorado Court of Appeals. March 18, 1999 Petition for Rehearing DENIED April 22, 1999. Appeal from the District Court of Jefferson County, Honorable Ruthanne N. Polidori, Judge, No. 93CR1533 ORDER AFFIRMED Page 297 David J. Thomas, District Attorney, Donna Skinner Reed, […]

Gerald Lee Barela, Petitioner, v. The People of the State of Colorado, Respondent. No. 91SC113Supreme Court of Colorado. Decided January 27, 1992. Certiorari to the District Court, Arapahoe County Honorable Howard J. Otis, Judge. Page 1250 Jeffery R. Kelley, for Petitioner. Robert R. Gallagher, Jr., District Attorney, James C. Sell, Chief Deputy District Attorney, for […]

(406 P.2d 671) W.H. Davis, et al. v. Pueblo, et al. No. 21515Supreme Court of Colorado. Decided October 11, 1965. Rehearing denied November 1, 1965. Action seeking to invalidate an ordinance authorizing the issuance of off-street parking revenue bonds. From an adverse judgment declaring the ordinance valid, the plaintiffs brought error. Affirmed 1. MUNICIPAL CORPORATIONS […]

(255 P.2d 384) HOLBROOK IRRIGATION DISTRICT v. ADCOCK ET AL. No. 16,784.Supreme Court of Colorado. Decided March 16, 1953. An action for a declaratory judgment determining the rights of the parties to certain irrigation water. Judgment for defendants. Reversed. 1. WATER RIGHTS — Water Districts — Rights of Landowners. In an action involving the rights […]

AGS Machine Company, Inc., Employer, and State Compensation Insurance Fund, Insurer, Petitioners, v. Industrial Commission of Colorado, and Kirk Gifford, Respondents. No. 83CA0312Colorado Court of Appeals. Decided September 15, 1983. Review of Order from the Industrial Commission of the State of Colorado Page 817 Pamela L. Musgrave, William J. Baum, for petitioners. George T. Ashen, […]

(281 P.2d 803) THE AMERICAN FURNITURE COMPANY OF DENVER v. MARGARET K. VEAZIE. No. 17,388.Supreme Court of Colorado. Decided March 28, 1955. Action for damages arising out of explosion of gas stove. Judgment for plaintiff. Reversed. 1. SALES — Warranty — Notice of Breach. Failure to give seller notice of claimed breach of warranty within […]

The People of the State of Colorado, Plaintiff-Appellee, v. John Paul Clay, Defendant-Appellant. No. 02CA0928.Colorado Court of Appeals. Div. II. May 8, 2003. Certiorari Denied August 18, 2003. El Paso County District Court No. 01CR1939; Honorable Kirk S. Samelson, Judge ORDER AFFIRMED Page 474 Ken Salazar, Attorney General, Karen E. Lorenz, Assistant Attorney General, Denver, […]

(532 P.2d 380) American Heritage Bank Trust Co. v. Marlys J. Trees and L. J., Inc., d/b/a Peak View Liquors, and Clyde M. Trees No. 74-082Colorado Court of Appeals. Decided December 24, 1974. Rehearing denied January 14, 1975. Certiorari denied March 17, 1975. Trial court entered judgment disallowing a homestead claim of exemption and property […]

87 P.2d 755 PEOPLE EX REL. ATTORNEY GENERAL v. BARKSDALE. No. 14,347.Supreme Court of Colorado. Decided February 20, 1939. Suit to enjoin violations of chapter 113, S. L. ’37 concerning the cleaning and dyeing trade. Judgment of dismissal. Reversed. 1. PLEADING — Complaint — Demurrer. In considering pleadings an amended complaint to which a general […]

Kevin P. Furnary, Plaintiff-Appellee, v. Mike Merritt and Jim Kelly, d/b/a Niwot Industries and d/b/a Gun Stuff, and Niwot Industries, Inc., a Colorado corporation, Defendants-Appellants, No. 90CA1021Colorado Court of Appeals. Decided December 19, 1991. Opinion Modified, and as Modified Rehearing Denied April 23, 1992. Certiorari Denied October 13, 1992 (92SC330). Appeal from the District Court […]

(363 P.2d 168) JAMES H. WALDEN v. LUCY MAY WALDEN. No. 19,472.Supreme Court of Colorado. Decided July 3, 1961. Rehearing denied July 31, 1961. From a division of property decreed in a divorce action the defendant brings error. Affirmed. 1. DIVORCE — Division of Property — Divorce of Both Parties — Discretion of Court. While […]

20 P.2d 1118 GUYNN v. CITY AND COUNTY OF DENVER. No. 13227.Supreme Court of Colorado. Decided April 3, 1933. Plaintiff in error was found guilty of vagrancy. Reversed. 1. APPEAL AND ERROR — Reversal by Consent. By consent of defendant in error the judgment is reversed and the cause remanded for a new trial, not […]

14 P.2d 487 SCHOOL DISTRICT NO. 28, A JOINT SCHOOL DISTRICT IN ARAPAHOE AND ADAMS COUNTIES v. DENVER PRESSED BRICK CO. No. 13,132.Supreme Court of Colorado. Decided September 12, 1932. Action against a school district for material furnished contractor for repairs on school building. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. SCHOOLS — […]

(484 P.2d 811) Sally Bennett and Brian R. Comstock, individually and as next friends of David Keith Comstock v. Susan Ann Gitzen and Burns Memorial Methodist Church, a nonprofit Colorado corporation. No. 70-646 (Supreme Court No. 24029)Colorado Court of Appeals. Decided March 9, 1971. Rehearing denied March 30, 1971. Certiorari denied May 24, 1971. Personal […]

Joe Primock, Plaintiff-Appellant, v. James M.K. Jew, Defendant-Appellee. No. 83CA0817Colorado Court of Appeals. Decided April 19, 1984. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge West and Weaver, P.C., John W. Weaver, for plaintiff-appellant. Philip E. Lowery, P.C., Philip E. Lowery, Scot W. Nolte, for defendant-appellee. Division […]

Cherokee Water Sanitation District, Triview Metropolitan District, Sunset Metropolitan District, Falcon Properties and Investments, a Colorado partnership, and Woodmen Hills, Inc., a Colorado corporation, Plaintiffs-Appellants, v. El Paso County and Charles H. Meier, Jr., Marcy Morrison, James Campbell, Terry R. Harris, and Loren R. Whittemore, as the County Commissioners of El Paso County, Colorado, Defendants-Appellees. […]

Dirk Reid, Plaintiff-Appellee, v. Chris Pyle, Defendant-Appellant. No. 00CA1069Colorado Court of Appeals. April 11, 2002 Rehearing Denied June 20, 2002 Gilpin County District Court No. 98CV37; Honorable Frederic Rodgers, Judge. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Page 1065 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

(568 P.2d 50) Centennial Enterprises, Inc., a Colorado Corporation v. Mansfield Development Co., a Colorado Corporation, Anne Christine DuCharme, Jeanne Marie Potarf, Kathryn Lee Murphy, Ellen Mae David and Mary Patricia DuCharme No. C-1048Supreme Court of Colorado. Decided August 22, 1977. Rehearing denied September 12, 1977. Action in which parties sought interpretation of escalation or […]

(369 P.2d 991) GERTRUDE BARBARA LEVY v. THE BOARD OF ADJUSTMENT OF ARAPAHOE COUNTY. No. 19,963.Supreme Court of Colorado. Decided March 19, 1962. Rehearing denied April 9, 1962. From a judgment sustaining Board of Adjustment in denying petition for variance of zoning regulation, the plaintiff brings error. Affirmed. 1. ZONING — Board of Adjustment — […]

The People of the State of Colorado, Complainant, v. Judith Anne Eaton, Attorney-Respondent. No. 92SA55Supreme Court of Colorado. Decided April 13, 1992. Original Proceeding in Discipline. Page 247 Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, for Complainant. Larry S. Pozner, for Respondent. EN BANC PER CURIAM. [1] An inquiry panel of the […]

(273 P.2d 733) HADDEN v. GATEWAY WEST PUBLISHING COMPANY ET AL. No. 17,240.Supreme Court of Colorado. Decided August 3, 1954. Rehearing denied September 7, 1954. An action for damages for alleged libel. Judgment for defendants. Affirmed. 1. TRIAL — Evidence — Hearsay. In the trial of an action for damages for alleged libel, it is […]

(261 P.2d 225) FAITH v. FAITH No. 17,102.Supreme Court of Colorado. Decided November 23, 1953. An action for divorce. The trial court set aside an interlocutory decree and dismissed the action. Affirmed. 1. DIVORCE AND ALIMONY — Decrees — Court Authority. “The [trial] court cannot compel one to take a divorce when he does not […]

The People of the State of Colorado, Plaintiff-Appellee, v. T.O., Minor Child, Appellant, and concerning J.D.R., Respondent. No. 84SA43Supreme Court of Colorado. Decided March 11, 1985. Page 812 Appeal from the Juvenile Court, City and County of Denver Honorable Dana U. Wakefield, Judge Page 813 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

(541 P.2d 687) The People of the State of Colorado v. Reagan Garcia No. 26320Supreme Court of Colorado. Decided September 22, 1975. Rehearing denied November 3, 1975. Defendant was charged with a class 2 misdemeanor under the fourth degree arson statute (section 18-4-105, C.R.S. 1973) for endangering property whose value was one hundred dollars or […]

(319 P.2d 491) H. O. AABERG v. DISTRICT COURT OF GUNNISON COUNTY. No. 18,453.Supreme Court of Colorado. Decided December 23, 1957. Rehearing denied January 13, 1958. Original proceeding in the nature of prohibition. Rule to show cause issued. Rule Discharged. 1. JUDGES — Motion to Disqualify — Rules. When a judge is charged with bias […]

Motor Vehicle Division, Department of Revenue, State of Colorado, Petitioner, v. Herschel E. Warman, Respondent. No. 87SC288Supreme Court of Colorado. Decided October 31, 1988. Certiorari to the Colorado Court of Appeals Page 559 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Eric V. Field, Assistant Attorney General, […]

In the Matter of the Estate of Evelyn Jo Bennett, Deceased. Hospice of Metropolitan Denver, National Jewish Hospital and Research Center and St. Jude Children’s Research Hospital, Claimants-Appellants and Cross-Appellees, v. Helen Beckerdite, Personal Representative-Appellee and Cross-Appellant. No. 88CA0192Colorado Court of Appeals. Decided August 31, 1989. Rehearing Denied October 5, 1989. Certiorari Denied February 5, […]

184 P.2d 149 POTTER v. SWINEHART. No. 15,641.Supreme Court of Colorado. Decided July 14, 1947. Rehearing denied August 18, 1947. An action to recover the amount of money deposited under a contract for the sale and purchase of intoxicating liquor, the liquor not being delivered. Judgment for plaintiff. Reversed. 1. CONTRACTS — Illegal. Where a […]

The People of the State of Colorado v. Francisco F. Lovato No. 80SA91Supreme Court of Colorado. Decided June 29, 1981. Appeal from the District Court of the City and County of Denver, Honorable Alvin D. Lichtenstein, Judge. Page 598 Dale Tooley, District Attorney, Brooke Wunnicke, Chief Appellate Deputy, Guy Till, Deputy, for plaintiff-appellant. No appearance […]

(588 P.2d 392) Peter C. VanHuysen and Pamela T. VanHuysen v. Adams County Board of Adjustment and Mac O. Larson No. 78-666Colorado Court of Appeals. Decided December 7, 1978. From a judgment requiring county board of adjustment to issue a building permit to plaintiffs, board of adjustment appealed. Affirmed 1. ZONING — Thirteen Foot Strip […]

The People of the State of Colorado, Plaintiff-Appellee, v. Jesse Gilbert Gonzales, Defendant-Appellant. No. 97CA2102Colorado Court of Appeals. January 7, 1999 Appeal from the District Court of Pueblo County, Honorable James H. Frasher, Jr., Judge, No. 88CR435 ORDER AFFIRMED Page 733 Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. […]

Raymond W. Near, Plaintiff-Appellant, v. George W. Calkins, Carleen Poland, and Nancy P. Dominick, Defendants-Appellees. No. 95CA0785Colorado Court of Appeals. March 6, 1997 Petition for Rehearing DENIED May 1, 1997 Petition for Writ of Certiorari DENIED October 27, 1997 Appeal from the District Court of Arapahoe County Honorable Thomas C. Levi, Judge No. 91CV1645 Page […]

(235 P.2d 587) FASTENAU v. ASHER. No. 16,301.Supreme Court of Colorado. Decided August 27, 1951 An action to remove a cloud upon the title to real estate. Judgment for defendant. Affirmed. 1. STATUTES — Construction — Courts. The Supreme Court is at liberty “to consider the reason and purpose of a legislative act and to […]

Christella Garcia, Plaintiff-Appellant, v. The Estate of the Late William James Wilkinson, Jr., Defendant-Appellee. No. 89CA0143Colorado Court of Appeals. Decided October 25, 1990. Appeal from the District Court of El Paso County Honorable Richard D. Toth, Judge. Page 1381 Shakeshaft Chernushin, P.C., Gregory Chernushin, John J. Donohoe, for Plaintiff-Appellant. Goss Waltz, Richard A. Waltz, for […]

39 P.2d 791 ARNOLD ET AL. v. FIRST NATIONAL BANK OF CRIPPLE CREEK. No. 13,365.Supreme Court of Colorado. Decided December 21, 1934. Rehearing denied January 7, 1935. Action for conversion. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Fact findings by the trial court which are sustained by ample evidence will not […]

(577 P.2d 1106) Cal-Cut Pipe and Supply, Inc., a California corporation v. Dale C. Dooley and Frank A. Randall No. 77-233Colorado Court of Appeals. Decided January 19, 1978. Rehearing denied February 16, 1978. Certiorari granted May 1, 1978. From trial court’s refusal to grant plaintiff’s post-judgment motion for attorney fees and costs after a satisfaction […]

(530 P.2d 1278) State Board of Cosmetology of the State of Colorado v. The District Court in and for the City and County of Denver, and the Honorable Robert T. Kingsley No. 26636Supreme Court of Colorado. Decided December 16, 1974. Opinion supplemented and rehearing denied February 3, 1975. Original proceeding by State Board of Cosmetology […]

COLORADO COFFEE BEAN, LLC, a Colorado limited liability company; Double R Coffee, LLC, a Colorado limited liability company; MLT Taylor, LLC, a Colorado limited liability company; Peak Java Company, a Colorado corporation; JFK, LLC, a Colorado limited liability company; CZ-DM, Inc., a Colorado corporation; JKKR, LLC, a Colorado limited liability company; Peak Mountain Coffee, Inc., […]

Janice E. Warburton, Petitioner, v. Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado); Mike L. Baca, Commissioner; Gary B. Rose, Commissioner; John J. McDonald, Commissioner; Colorado Department of Labor; Division of Labor and Employment, Division of Labor; Division of Employment and Training; Ruben Valdez, Director of the Division of Employment […]

128 P.2d 478 BAER, ADMINISTRATRIX v. BAER. No. 14,954.Supreme Court of Colorado. Decided August 3, 1942. A proceeding involving a claim against the estate of a deceased person. Judgment for claimant. Affirmed. 1. GIFTS — Donor and Donee — Presumption. Mere possession by an alleged donee of the alleged donor’s property after the latter’s death […]

The People of the State of Colorado, Complainant, v. William R. Dowhan, Attorney-Respondent. No. 87SA35Supreme Court of Colorado. Decided April 25, 1988. Original Proceeding in Discipline Linda S. Donnelly, Disciplinary Prosecutor, for Complainant. David L. Kofoed, for Attorney-Respondent. EN BANC JUSTICE VOLLACK administered the public censure. [1] William R. Dowhan, you appear before this court […]

WESTERN INNOVATIONS, INC.; Union Insurance Company; United Fire Casualty; Tartan Products Company; and Randy Overly, d/b/a CP D Companies Plaintiffs-Appellants v. SONITROL CORPORATION, f/k/a Sonitrol Management Corporation, a Delaware corporation, Defendant-Appellee. Nos. 06CA2275, 06CA2287, 06CA2288.Colorado Court of Appeals. May 15, 2008. Appeal from the District Court, Adams County, John E. Popovich, Jr. and Donald W. […]

(408 P.2d 436) The Ruberoid Co., Et Al. v. North Pecos Water and Sanitation District, Et Al. No. 21309Supreme Court of Colorado. Decided December 6, 1965. From denial of their petitions for exclusion from water and sanitation district, plaintiff-landowners brought error. Affirmed. 1. WATER AND SANITATION DISTRICTS — Benefit — Community. Water and sanitation district […]

(438 P.2d 506) The Colorado National Bank of Denver, Successor Trustee v. F. E. Biegert Co., Inc., of Denver, Colorado; John T. Faulkner; Frank’s Excavating, Inc., a Colorado corporation; Frigidaire Sales Corporation; Gates Forming Accessories, Inc.; Robert Guildner individually and d/b/a Bob Guildner Plumbing Heating; Jefferson Transit Mix Company; C. E. Kentz Construction Co., a […]

In the matter of the claim of: Michael Raisch, Petitioner, v. Industrial Commission of Colorado, and United Airlines, and Division of Labor, Respondents. No. 83CA1128Colorado Court of Appeals. Decided July 26, 1984. Rehearing Denied September 6, 1984. Review of Order from the Industrial Commission of the State of Colorado Richard T. Goold for Petitioner. Zarlengo, […]

Daniel Franklin, Plaintiff-Appellee, v. Colorado Department of Revenue, Motor Vehicle Division, Defendant-Appellant. No. 85CA1391Colorado Court of Appeals. Decided September 25, 1986. Appeal from the District Court of Boulder County Honorable Morris W. Sandstead, Jr., Judge Page 392 Harold M. Fielden, for Plaintiff-Appellee. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. […]