Category: Colorado Court Opinions

(612 P.2d 1165) In the Matter of the Claim of Edsel H. Ward v. The Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and the Colorado Department of Highways No. 79CA0348Colorado Court of Appeals. Decided May 22, 1980. Petitioner sought review of an order of the Industrial Commission disqualifying him […]

(525 P.2d 500) Orville D. Potts and Hildegarde H. Potts v. Sam V. Gordon and Joe V. Gordon No. 73-084Colorado Court of Appeals. Decided May 29, 1974. Rehearing denied June 18, 1974. Certiorari denied September 3, 1974. Action seeking mandatory injunctive relief for the removal of a dirt encroachment on plaintiff’s land, and for the […]

Joseph Zucchini v. The Colorado Department of Revenue, Motor Vehicle Division No. 80CA0238Colorado Court of Appeals. Decided August 21, 1980. Rehearing denied September 18, 1980. Certiorari granted December 8, 1980. Appeal from the District Court of Boulder County, Honorable Richard W. Dana, Judge. Page 248 Lamm Schader, William P. Goldstein, for plaintiff-appellee. J. D. MacFarlane, […]

67 P.2d 70 POSIG v. ZELISH. No. 13,972.Supreme Court of Colorado. Decided March 29, 1937. Rehearing denied April 19, 1937. Action for services rendered. Judgment for plaintiff. Reversed. 1. APPEAL AND ERROR — Fact Findings. Fact findings of the trial court based upon conflicting evidence will not be disturbed on review. 2. Questions Not Raised […]

(254 P.2d 857) BRODHEAD, MANAGER OF REVENUE v. ROBINSON, EXECUTOR. No. 16,809.Supreme Court of Colorado. Decided February 9, 1953. Rehearing denied March 9, 1953. An action involving taxes claimed to be due on personal property. The claim was allowed in part, and disallowed in part, by the trial court. Judgment Modified, and as Modified, Affirmed. […]

113 P.2d 656 BANKERS TRUST COMPANY v. INTERNATIONAL TRUST COMPANY ET AL. No. 14,526.Supreme Court of Colorado. Decided May 5, 1941. Action for damages based on fraud and deceit in connection with the purchase of farm loan notes. Judgment for plaintiff. Reversed. 1. EVIDENCE — Land Values — Tax Schedules. Tax schedules or returns, being […]

(513 P.2d 193) The People of the State of Colorado v. George N. Simmons No. 25420Supreme Court of Colorado. Decided August 20, 1973. Defendant was convicted of two counts of vehicular homicide and appealed. Affirmed 1. INSTRUCTIONS, CRIMINAL — Presumption of Innocence — Erroneous — Failure to Object or Specify — Reversal — Negative. Where […]

(326 P.2d 983) META TATHAM v. FIRST NATIONAL BANK OF FORT COLLINS, CONSERVATOR, ETC. No. 18,233.Supreme Court of Colorado. Decided June 23, 1958. Objections to award of attorneys’ fees in the estate of a mental incompetent. Fees awarded. Affirmed. 1. EXECUTORS AND ADMINISTRATORS — Conservators — Appointing Court — Jurisdiction — Dismissal of Commitment Proceedings. […]

11 P.2d 560 LAIZURE v. BAKER ET AL. No. 13,094.Supreme Court of Colorado. Decided May 9, 1932. Original proceeding in mandamus. Petition denied. 1. MANDAMUS — District Courts. District courts have power to issue writs of mandamus in proper cases. 2. WORDS AND PHRASES — Inferior Courts — Constitutional Law. The words “inferior courts” appearing […]

(270 P.2d 782) PEOPLE EX REL. DUNBAR, ATTORNEY GENERAL ET AL. v. MAYTAG. No. 17,079.Supreme Court of Colorado. Decided April 26, 1954. Rehearing denied May 24, 1954. An action by plaintiff against the People to obtain a judgment and decree, “That the Inheritance Tax Commissioner of the state was without lawful power and authority to […]

Canton Oil Corp., a Delaware corporation, Petitioner in 85SA446, and Theleen and Partners, Ltd., a Hong Kong corporation, Petitioner in 86SA1, v. The District Court in and for the Second Judicial District and the Honorable Sandra I. Rothenberg, a Judge thereof, Respondents. No. 85SA446 No. 86SA1Supreme Court of Colorado. Decided January 20, 1987. Rehearing Denied […]

(520 P.2d 120) City of Englewood, a Colorado Municipal Corporation; Milton Senti, Howard R. Brown, Dallas J. Dhority, Elmer E. Schwab, Paul T. Blessing, Judith Henning, John J. Lay, as members of the City Council of the City of Englewood v. Caroline B. Weist No. 26063Supreme Court of Colorado. Decided March 18, 1974. Opinion modified […]

(559 P.2d 235) The People of the State of Colorado v. The District Court in and for the Tenth Judicial District, State of Colorado, and the Honorable Thomas F. Phelps, one of the District Judges in and for the Tenth Judicial District, State of Colorado and Dennis Joseph Montoya No. 27406Supreme Court of Colorado. Decided […]

25 P.2d 732 BARNES ET AL. v. SPANGLER. No. 12,861.Supreme Court of Colorado. Decided September 11, 1933. Rehearing denied October 16, 1933. Action to set aside deed. Judgment for defendant. Reversed. 1. DEEDS — Delivery. It is an indispensable feature of the delivery of a deed that grantor part with possession and control over it; […]

(612 P.2d 96) In The Matter of the Title, Ballot Title, Submission Clause and Summary Pertaining to the Branch Banking Initiative Adopted on March 19, 1980, and Amended on April 8, 1980 No. 80SA203Supreme Court of Colorado. Decided June 9, 1980. Original proceeding in which petitioner challenges the action of the Initiative Title Setting Review […]

WEIZE COMPANY, LLC, Plaintiff-Appellee and Cross-Appellant, and Martz Supply Co., Intervenor-Appellee and Cross-Appellant, v. COLORADO REGIONAL CONSTRUCTION, INC., Defendant-Appellant and Cross-Appellee. No. 09CA1369.Colorado Court of Appeals. June 10, 2010. Appeal from the District Court, Grand County, Mary C. Hoak, J. Page 490 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

The People of the State of Colorado, Petitioner, In the Interest of Wendy Ann Clinton, Respondent. No. 87SC200Supreme Court of Colorado. Decided October 17, 1988. Certiorari to the Colorado Court of Appeals Page 1382 Thomas O. David, Weld County Attorney, Jan Rundus, Assistant County Attorney, for Petitioner. Pueblo County Legal Services, Inc., Thomas B. Flesher, […]

(499 P.2d 1176) Lloyd A. Fry Roofing Company, a corporation v. The State of Colorado Department of Health Air Pollution Variance Board, and their successors in office from time to time; The State of Colorado Air Pollution Control Commission, and their successors in office from time to time; The Globeville Civic Association, Stapleton Community Buying […]

(517 P.2d 838) Coors Porcelain Company v. State of Colorado and John H. Heckers, Director of Revenue No. 26158Supreme Court of Colorado. Decided December 10, 1973. Rehearing denied January 28, 1974. Action by taxpayer who had paid certain deficiencies assessed by the Director of Revenue and now seeks to recover them. Complaint dismissed. Supreme Court […]

Charlotte ZOLMAN, Plaintiff-Appellant, v. PINNACOL ASSURANCE, Defendant-Appellee. No. 09CA1954.Colorado Court of Appeals. March 3, 2011. Appeal from the Denver District Court, Herbert L. Stern, III, J. Page 491 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 492 Bisset Law Firm, Jennifer E. […]

162 P.2d 601 NETLAND v. BAUGHMAN. No. 15,435.Supreme Court of Colorado. Decided September 24, 1945. Rehearing denied October 22, 1945. A suit to quiet title to real property. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. PROCESS — Summons — Service by Publication. After constructive service of a summons by publication, a judgment by […]

(496 P.2d 1032) J.E. Losavio, Jr., Darol C. Biddle, R.D. Jorgensen, Individually and on behalf of the Office of the State Public Defender, State of Colorado v. Robert L. Mayber No. 25062Supreme Court of Colorado. Decided April 24, 1972. From ruling of trial court that certain police records are not subject to inspection by any […]

The People of the State of Colorado v. Gary Thorpe No. 80SA337Supreme Court of Colorado. Decided February 8, 1982. Rehearing denied March 15, 1982. Appeal from the District Court of the City and County of Denver, Honorable Karen S. Metzger, Judge. Page 936 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, […]

(286 P.2d 338) ELL AND L. INVESTMENT COMPANY v. INTERNATIONAL TRUST COMPANY, ET AL. No. 17,502.Supreme Court of Colorado. Decided July 18, 1955. Rehearing denied August 8, 1955. Proceeding for declaratory judgment to fix liability as between lessor and lessee for cost of alterations required by public authority. Judgment for defendants. Affirmed. 1. LANDLORD AND […]

(499 P.2d 1203) O.E. Cady, d/b/a Reid Water System v. The City of Arvada No. 71-300Colorado Court of Appeals. Decided June 13, 1972. Rehearing denied July 5, 1972. Certiorari denied August 28, 1972. In action tried as declaratory judgment action, trial court found that water system owned and operated by plaintiff was entitled to legal […]

251 P.2d 933 GREEN v. HOFFMAN. No. 16,780.Supreme Court of Colorado. Decided February 11, 1952. Rehearing denied December 22, 1952 An action involving an injunctive order to endorse a bank check. On motion of defendant in error to tax costs and allow interest. The trial court granted the motion. Reversed. 1. JUDGMENTS — Court Powers. […]

Varsity Contractors and Home Insurance Company, Petitioners, v. Mike L. Baca and John J. McDonald, as members of the Industrial Commission of the State of Colorado, and The Industrial Commission of the State of Colorado, Charles McGrath, Director of the Division of Labor, and Theodore Smith, Respondents. No. 84CA0498Colorado Court of Appeals. Decided June 13, […]

(512 P.2d 1162) Clarke Reed Watson v. The Board of Regents of the University of Colorado: Harry G. Carlson, Joseph Coors, Dale M. Atkins, Robert N. Gilbert, Fred Betz, Sr., Byron L. Johnson, individually and in their capacity as the Board of Regents of the University of Colorado; Frederick Thieme, individually and in his capacity […]

The People of the State of Colorado, Plaintiff-Appellee, v. Vernon Scales, Defendant-Appellant. No. 86CA0258Colorado Court of Appeals. Decided May 28, 1987. Rehearing Denied June 25, 1987. Certiorari Granted People October 5, 1987 (87SC256). Appeal from the District Court of Boulder County Honorable Richard C. McLean, Judge Honorable Michael R. Enwall, Judge Page 260 Duane Woodard, […]

78 P.2d 964 McMULLIN ET AL. v. MAGNUSON ET AL. No. 14,005.Supreme Court of Colorado. Decided April 4, 1938. Rehearing denied May 9, 1938. Proceeding involving ownership of mining property and to determine the question of whether the premises in controversy were subject to location as lode mining claims or as a placer claim. Judgment […]

(365 P.2d 701) BERNICE A. YOUNG, ETC. v. COLORADO NATIONAL BANK OF DENVER, AS ADMINISTRATOR OF THE ESTATE OF HOPE W. YOUNG, DECEASED. No. 19,315.Supreme Court of Colorado. Decided October 2, 1961. Action for annulment of marriage on the ground of mental incapacity to contract. Judgment for plaintiff. Reversed. 1. MARRIAGE — Annulment — Courts […]

The People of the State of Colorado, Plaintiff-Appellee, v. Roberto V. Ramirez, Defendant-Appellant. No. 97CA2249Colorado Court of Appeals. July 8, 1999 Rehearing Denied September 2, 1999 Certiorari Denied May 22, 2000.[*] [*] Justice MARTINEZ and Justice BENDER would grant the petition as to the following issue: Whether expert testimony stating among other things that people […]

Brenda Walcott and Dean Walcott, Plaintiffs-Appellants, v. Total Petroleum, Inc., a Michigan corporation, Defendant-Appellee. No. 97CA0966Colorado Court of Appeals. Div. II. August 20, 1998 Petition for Rehearing DENIED October 19, 1998 Appeal from the District Court of the City and County of Denver, Honorable H. Jeffrey Bayless, Judge No. 95CV3968 JUDGMENT AFFIRMED Page 610 Deisch […]

186 P.2d 584 BROFMAN v. INDUSTRIAL COMMISSION ET AL. No. 15,899.Supreme Court of Colorado. Decided October 14, 1947. Rehearing denied November 10, 1947. A proceeding under the Workmen’s Compensation Act in which a petition to reopen the claim was denied. Affirmed. 1. WORKMEN’S COMPENSATION — Notice of Claim — Payment of Compensation. Payment of medical […]

Bill Lawley Ford and Universal Underwriters Insurance Company, Petitioners, v. Charles J.H. Miller, claimant in the matter of the death of Ronald T. Miller, and Industrial Commission of Colorado, Respondents. No. 83CA0376Colorado Court of Appeals. Decided October 20, 1983. Review of Order from the Industrial Commission of the State of Colorado White Steele, P.C., James […]

(228 P.2d 979) NEW MEXICO POTASH AND CHEMICAL COMPANY v. OLIVER. No. 16,244.Supreme Court of Colorado. Decided February 5, 1951. Rehearing denied March 12, 1951. An action by an attorney at law to recover payment for professional services rendered pursuant to the terms of a contract, and for a specified percentage of royalties received by […]

(541 P.2d 336) In the Matter of the Estate of John Niles Gray, Deceased, John A. Tylle and Donna M. Tylle v. Helen Gray No. 75-154Colorado Court of Appeals. Decided October 9, 1975. Estate claim arising from written assignment of oil and gas lease in return for which claimants paid $10,000 to have well drilled. […]

Belle Bonfils Memorial Blood Bank, Petitioner, v. Muriel Hansen and Carl Hansen, Respondents. No. 81SC370Supreme Court of Colorado. Decided June 13, 1983. Certiorari to the Colorado Court of Appeals Page 119 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 120 Hansen and […]

42 P.2d 612 ASHWORTH ET AL v. HUGO NATIONAL BANK. No. 13,372.Supreme Court of Colorado. Decided March 11, 1935. Action in the nature of a creditor’s bill. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Fact Findings. Fact findings of the trial court which are sustained by the evidence will not be disturbed on […]

Annette M. Williams, Plaintiff-Appellee, v. State of Colorado Department of Highways, Defendant-Appellant. No. 92CA1710Colorado Court of Appeals. Decided December 16, 1993. Rehearing Denied February 3, 1994. Certiorari Granted and Judgment Vacated June 6, 1994. Appeal from the District Court of the City and County of Denver Honorable John N. McMullen, Judge No. 91CV6352 JUDGMENT REVERSED […]

Khanh Tran, Plaintiff-Appellee, v. Juanita Hilburn, Defendant-Appellant, and Le Van Than, Defendant. No. 95CA1662Colorado Court of Appeals. April 17, 1997 Petition for Rehearing DENIED May 22, 1997 Petition for Writ of Certiorari GRANTED December 2, 1997. Appeal from the District Court of the City and County of Denver Honorable Paul A. Markson, Jr., Judge No. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Gene Brian Aalbu, Defendant-Appellant. No. 83SA141Supreme Court of Colorado. Decided March 11, 1985. Rehearing Denied April 1, 1985. Appeal, District Court, El Paso County Honorable Richard V. Hall, Judge Page 797 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

104 P.2d 458 INDUSTRIAL COMMISSION ET AL. v. McKENNA. No. 14,745.Supreme Court of Colorado. Decided July 1, 1940. A proceeding under the Workmen’s Compensation Act. Compensation was awarded claimants by the trial court. Affirmed. 1. WORKMEN’S COMPENSATION — Death. Where there is evidence of a sufficient accidental cause resulting in a condition producing death of […]

(90SC617) Brent Rickstrew, Petitioner, v. The People of the State of Colorado, Respondent, and (90SC616) Antonino Gonzales, Petitioner, v. The People of the State of Colorado, Respondent. No. 90SC617 No. 90SC616Supreme Court of Colorado. Decided November 25, 1991. Rehearing Denied January 13, 1992. Certiorari to the Colorado Court of Appeals. David F. Vela, Colorado State […]

The People of the State of Colorado, Complainant, v. Lowell Gary Hebenstreit, Attorney-Respondent. No. 89SA482 No. 91SA281 No. 91SA334Supreme Court of Colorado. Decided January 13, 1992. Original Proceeding in Discipline. Page 126 Linda Donnelly, Disciplinary Counsel, George S. Meyer, Deputy Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Lowell Gary Hebenstreit, Pro Se. […]

(471 P.2d 630) Emmett H. Helgerson and Betty J. Helgerson v. Fort Collins Realty, Inc. No. 70-097 (Supreme Court No. 23188)Colorado Court of Appeals. Decided April 21, 1970. Action to recover broker’s commission on sale of property under an extension of an exclusive listing agreement which extension was signed by only one of the joint […]

(563 P.2d 15) Margaret Adams v. John D. Leidholdt, Richert E. Quinn, Jr., and Sisters of Charity of Leavenworth, a non-profit corporation, d/b/a Saint Joseph’s Hospital No. 75-415Colorado Court of Appeals. Decided December 23, 1976. Rehearing denied February 24, 1977. Certiorari granted April 25, 1977. In negligence action based on res ipsa loquitur against two […]

The People of the State of Colorado, Complainant, v. J. Eline Garrett, Attorney-Respondent. No. 90SA448Supreme Court of Colorado. Decided December 24, 1990. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, George S. Meyer, Deputy Disciplinary Counsel, for Complainant. No appearance by Attorney-Respondent. EN BANC PER CURIAM. [1] This attorney discipline case is before us on […]

The People of the State of Colorado, Complainant, v. Mack Edward Murray, Jr., Attorney-Respondent. No. 94SA161Supreme Court of Colorado. Decided December 19, 1994. Petition for Rehearing DENIED January 17, 1995. Original Proceeding in Discipline. ATTORNEY DISBARRED. Linda Donnelly, Disciplinary Counsel, John S. Gleason, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Mack Edward Murray, Jr., […]

(424 P.2d 386) The People of the State of Colorado v. George W. Smeltzer. No. 22728.Supreme Court of Colorado. Decided January 9, 1967. Original Proceedings in Discipline. Attorney Ordered to Cease and Desist from Practice of Law. 1. ATTORNEYS AT LAW — Accusation — Crimes — Plea — Insanity — Suspension. Where respondent, an attorney, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Darin R. Johnson, Defendant-Appellee. No. 93SA164Supreme Court of Colorado. Decided January 24, 1994 Page 837 Interlocutory Appeal from the District Court City and County of Denver, Honorable Richard T. Spriggs, Judge RULING REVERSED AND CASE REMANDED A. William Ritter, Jr., District Attorney, Second Judicial District, Nathan […]

The People of the State of Colorado, Plaintiff-Appellee, v. Russell Eugene Freeman, Defendant-Appellant. No. 82SA178Supreme Court of Colorado. Decided September 6, 1983. Rehearing Denied September 26, 1983. Appeal from the District Court of Jefferson County, Honorable Winston W. Wolvington, Judge. Page 1372 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

Rocky Mountain Health Maintenance Organization, Inc., a Colorado nonprofit corporation, Plaintiff-Appellee, v. Colorado Department of Health Care Policy and Financing, by and through its Executive Director, James Rizzuto, Defendant-Appellant. No. 00CA1517Colorado Court of Appeals. September 13, 2001 Rehearing Denied December 6, 2001. Certiorari Denied August 26, 2002[*] [*] Justice KOULIS would grant as to the […]

(379 P.2d 169) THE CITY AND COUNTY OF DENVER, ET AL., v. O. J. MILLER, ET AL. No. 20,235.Supreme Court of Colorado. Decided February 11, 1963. Rehearing denied March 4, 1963. From a judgment holding annexation of land to city to be invalid, the city and landowner bring error. Reversed. 1. ANNEXATION — Constitutional Law […]

496 P.2d 1071 Jay Hector MacLarty v. William K. Whitefore, Jr. No. 70-599Colorado Court of Appeals. Decided January 11, 1972. Rehearing denied February 1, 1972. Certiorari denied May 30, 1972. Libel action. Letter written in response to inquiries concerning plaintiff’s application for liquor license was held to be absolutely privileged communication. Plaintiff appealed. Affirmed 1. […]

The People of the State of Colorado, Petitioner, v. Michael Dwain Alexis, Respondent. No. 90SC87Supreme Court of Colorado. Decided February 19, 1991. Rehearing Denied March 18, 1991. Certiorari to the Colorado Court of Appeals. Gale A. Norton, Attorney General, Timothy M. Tymkovich, Solicitor General, Robert M. Russel, Assistant Attorney General, for Petitioner. David F. Vela, […]

(451 P.2d 742) M. S. Berman, Trustee, and Marvin H. Radetsky v. Sinclair Refining Co., a Maine corporation, and Russell Holse. No. 22332.Supreme Court of Colorado. Decided March 10, 1969. Action in forcible entry and detainer by plaintiffs in error seeking possession of certain property. From a judgment dismissing the action as to both plaintiffs […]

(347 P.2d 499) RUTH EDDY v. CLIFFORD W. McANINCH. No. 18,338.Supreme Court of Colorado. Decided December 7, 1959. Action for damages for personal injuries resulting from automobile collision. Judgment for defendant. Affirmed. 1. APPEAL AND ERROR — Record — Instructions — Absence — Presumption. Where the instructions to the jury are not included in the […]

In re the MARRIAGE OF Carol POWELL, Appellee, and David Powell, Appellant. No. 06CA1369.Colorado Court of Appeals. February 5, 2009. Appeal from the District Court, Boulder County, James C. Klein, J. Page 953 Dale E. Johnson, P.C., Dale E. Johnson, Louisville, Colorado, for Appellee. Stevens, Littman, Biddison, Tharp Weinberg, LLC, Andrew C. Littman, Craig A. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Olive Rose Roberts, Defendant-Appellant. No. 82CA1372Colorado Court of Appeals. Decided April 14, 1983. Opinion Modified and as Modified Petition for Rehearing Denied June 16, 1983. Appeal from the District Court of Jefferson County Honorable James Zimmerman, Judge Page 978 J.D. MacFarlane, Attorney General, Charles B. Howe, […]

The People of the State of Colorado, ex rel. Robert R. Gallagher, Jr., District Attorney in and for the Eighteenth Judicial District, Petitioner-Appellee, v. The County Court in and for the County of Arapahoe, State of Colorado, and The Honorable Ralph C. Taylor, One of the Judges Therefor, Respondents-Appellants. No. 87CA0239Colorado Court of Appeals. Decided […]

The People of the State of Colorado, Plaintiff-Appellee, v. Barbara A. Stephenson, Defendant-Appellant. No. 97CA1966Colorado Court of Appeals. September 2, 1999 Appeal from the District Court of Jefferson County, Honorable Frank Plaut, Judge, No. 96CR1503 SENTENCE AFFIRMED, ORDER VACATED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney […]

Concerning the Application for Water Rights of the City of Aurora, Colorado, acting by and through its utility enterprise in Adams, Arapahoe, Douglas and Weld Counties. The CITY OF AURORA, acting by and through its utility enterprise, Applicant-Appellant v. ACJ PARTNERSHIP; Apex Material Specialists LLC; Bijou Irrigation Company; Bijou Irrigation District; Brighton Ditch Company; Centennial […]

10 P.2d 333 OPPEGARD v. OPPEGARD. No. 12,571.Supreme Court of Colorado. Decided April 4, 1932. Action to have a quitclaim deed declared a mortgage. Judgment for defendant. Affirmed. 1. DEEDS — Mortgage — Evidence — Burden. A deed purporting to be an absolute conveyance may be proven by parol evidence to be, in effect, a […]

Philip M. Mobell, and his wife, Arlene S. Mobell, Plaintiffs-Appellees, v. The City and County of Denver, a municipal corporation, Stephen L. Wilson and Avelino Barelo, Individually and as members of the Police Department of the City and County of Denver, Defendants-Appellants. No. 80CA0725Colorado Court of Appeals. Decided March 10, 1983. Rehearing Denied April 7, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Walter O’Dell, Defendant-Appellant. No. 00CA1656Colorado Court of Appeals. September 27, 2001 As Modified on Denial of Rehearing November 8, 2001. Certiorari Denied August 26, 2002. Jefferson County District Court No. 00CR337 Honorable Leland P. Anderson, Judge. SENTENCES AFFIRMED Page 656 Ken Salazar, Attorney General, Esteban A. […]

Prudential Property and Casualty Insurance Company of America, a New Jersey corporation v. The District Court in and for the Seventeenth Judicial District of the State of Colorado, and the Honorable Dorothy E. Binder, one of the Judges thereof No. 80SA174Supreme Court of Colorado. Decided October 6, 1980. Original Proceeding Page 557 Pryor, Carney and […]

(357 P.2d 352) PEOPLE OF THE STATE OF COLORADO EX REL. MARTIN MIJARES, ET AL. v. PHIL KNISS, ET AL. No. 19,262.Supreme Court of Colorado. Decided December 5, 1960. Action in nature of quo warranto to determine right to offices in labor union. Judgment for defendants. Affirmed. 1. QUO WARRANTO — Nature of Remedy — […]

Don Cherry, Plaintiff-Appellee, v. A-P-A Sports, Inc., a new Jersey corporation, d/b/a The Colorado Rockies, Defendant-Appellant. No. 82CA0771Colorado Court of Appeals. Decided March 17, 1983. Appeal from the District Court of the City and County of Denver Honorable Henry E. Santo, Judge Page 201 Sherman Howard, William L. Hunnicutt, for plaintiff-appellee, Gorsuch, Kirgis, Campbell, Walker […]

(369 P.2d 431) STATE BOARD OF CONTROL FOR STATE HOMES FOR THE AGED, ET AL. v. IRMA E. HAYS, CAVEATOR, ET AL. No. 19,830.Supreme Court of Colorado. Decided March 5, 1962. Proceedings to determine validity of last will and testament of resident of Soldiers and Sailors Home under declaratory judgment rule. Judgment for caveator. Reversed. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas D. Ferrero, Defendant-Appellant. No. 91CA0814Colorado Court of Appeals. Decided December 30, 1993. Rehearing Denied January 27, 1994. Certiorari Denied June 13, 1994. Appeal from the District Court of Huerfano County Honorable John Tracey, Judge No. 90CR25 JUDGMENT AFFIRMED Page 469 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

(557 P.2d 399) The People of the State of Colorado v. Claudine Longet Williams No. 27337Supreme Court of Colorado. Decided December 13, 1976. Interlocutory appeal seeking reversal of portions of a district court order suppressing evidence in a manslaughter case. Rulings Affirmed 1. SEARCHES AND SEIZURES — Fourth Amendment — Protection. The Fourth Amendment to […]

101 P.2d 1120 HANSON v. HOGAN. No. 14,464.Supreme Court of Colorado. Decided March 25, 1940. Rehearing denied April 22, 1940. Judgment affirmed in department without written opinion, Mr. Justice Bakke, Mr. Justice Otto Bock and Mr. Justice Burke participating. Error to the District Court of the City and County of Denver, Hon. H. E. Munson, […]

Cathy LEEWAYE, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, Harrison School District # 2, and American Compensation Insurance Company, Respondents. No. 06CA2264.Colorado Court of Appeals. November 29, 2007. Page 1255 Steven U. Mullens, P.C., Steven U. Mullens, Monica J. Gomez, Colorado Springs, Colorado, for Petitioner. John W. Suthers, Attorney General, Mark […]

(563 P.2d 926) The People of the State of Colorado v. Orlando L. Casias No. C-951Supreme Court of Colorado. Decided April 11, 1977. Rehearing denied May 31, 1977. Defendant was convicted of possession of narcotic drugs and he appealed. The court of appeals, 37 Colo. App. 343, 549 P.2d 803, reversed and the supreme court […]

(297 P.2d 270) THE UNITED OIL PRODUCTION CO. v. MILLIE QUINN. No. 17,734.Supreme Court of Colorado. Decided April 30, 1956. Rehearing denied June 4, 1956. Action by investor in oil promotion project for an interest in the old production resulting therefrom. Judgment for plaintiff. Affirmed. 1. EQUITY — Constructive Trust — Right of Investor. Where […]

(550 P.2d 329) The People of the State of Colorado v. Dennis E. Langford No. 26379Supreme Court of Colorado. Decided June 1, 1976. Rehearing denied June 21, 1976. Defendant was convicted of possession of marijuana for sale and appealed. Affirmed 1. WITNESSES — Informant — Assistance — Defense — Speculations — Minimal Showing — Need […]

In re: Reapportionment of the Colorado General Assembly No. 82SA6Supreme Court of Colorado. Decided March 12, 1982. Rehearing denied March 15, 1982. Page 210 Craig S. Barnes, Barnes Waggener, for Five Members of the Colorado Reapportionment Commission. Manuel J. Solano, Mexican-American Legal Defense and Educational Fund, for Paul Sandoval, Jose Trujillo and David Archuleta. Stephen […]

In re the Marriage of: Susan B. Menu, Appellee, and Philippe H. Menu, Appellant. No. 84CA0763Colorado Court of Appeals. Decided April 17, 1986. Appeal from the District Court of the City and County of Denver Honorable Leonard P. Plank, Judge Mangan Katz, Thomas J. Mangan, for Appellee. Law Offices of Jay Stuart Radetsky, Jay Stuart […]

The People of the State of Colorado, Plaintiff-Appellee, v. Robert B. Davis, Defendant-Appellant. No. 85CA0988Colorado Court of Appeals. Decided January 28, 1988. Rehearing Denied March 10, 1988. Certiorari Denied August 8, 1988 (88SC143). Appeal from the District Court of the City and County of Denver Honorable Robert P. Fullerton, Judge Page 743 Duane Woodard, Attorney […]

Donna Garcia, Petitioner-Appellee, v. Harold Carmel, Superintendent, Colorado Mental Health Institute at Pueblo, Respondent-Appellant, Mark McKinna, Superintendent, Women’s Correctional Facility, Colorado Department of Corrections, Respondent. No. 93SA180Supreme Court of Colorado. Decided May 9, 1994 Appeal from the District Court, Pueblo County Honorable Gerald A. Marroney, Judge JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS David F. […]

(380 P.2d 49) INDUSTRIAL COMMISSION OF COLORADO, ET AL., v. RANDY LaVERNE SPOO, ET AL. No. 20,382.Supreme Court of Colorado. Decided March 18, 1963. Rehearing denied April 8, 1963. From a judgment setting aside portion of award permitting insurer to take credit for founds paid to widow in excess of amount legally due, the Commission […]

In re Pascual HERNANDEZ, Gloria Smith, Janet Hernandez, Mike Hernandez, Anthony Hernandez, Ralph Hernandez, Annette Terrones and Chris Cauld-well, Plaintiffs. v. Samuel DOWNING, IV, M.D. and Parkview Medical Center, Defendants. No. 06SA211.Supreme Court of Colorado. March 26, 2007. Appeal from the District Court, County of Prowers, Stanley A. Brinkley, J. Irwin Boesen, P.C., Brad R. […]

(394 P.2d 607) VERNA LOUISE TALBOT v. FLOYD HUGH TALBOT. No. 21004.Supreme Court of Colorado. Decided August 10, 1964. From a judgment denying former wife’s motion for judgment on arrearages and granting former husband’s motion for reduction of arrearages and support payments, former wife brings error. Affirmed in Part; Reversed in Part. 1. DIVORCE — […]

Luanne Wells, Plaintiff-Appellant, v. Lodge Properties, Inc.; The Town of Vail, Colorado; and its agents, in their official capacities, namely, The Town Council; Town Manager; Town Attorney; Planning and Environmental Commission; Design Review Board; Andy Knudtsen, in his official capacity as Senior Planner and Zoning Administrator; and Dan Spaneck, in his official capacity as The […]

(561 P.2d 351) The People of the State of Colorado v. Ernesto Apodaca, Jr., and Frank Perez No. 75-697Colorado Court of Appeals. Decided November 26, 1976. Rehearing denied December 23, 1976. Certiorari granted March 21, 1977. Convicted by a jury of second degree burglary and felony theft, defendants appealed. Reversed 1. CRIMINAL LAW — Search […]

W.D. Tripp and Mining Service Exchange, Ltd., Plaintiffs-Appellants in 85CA1713, v. Viola Joan Parga, Defendant-Appellee in 85CA1713, and Viola Joan Parga, Substitute Plaintiff-Appellee in 87CA1030, v. W.D. Tripp and Mining Services Exchange, Ltd., Defendants-Appellants in 87CA1030. No. 85CA1713 No. 87CA1030Colorado Court of Appeals. Decided May 26, 1988. Rehearing Denied June 23, 1988. Certiorari Denied November […]

(279 P.2d 420) KNAPP ET AL. v. COLORADO RIVER WATER CONSERVATION DISTRICT ET AL. No. 17,361.Supreme Court of Colorado. Decided January 24, 1955. A proceeding involving the question of abandonment of a water right. The trial court determined total abandonment of the water right. Affirmed. 1. WATER RIGHTS — Abandonment — Evidence. Where the solution […]

Melinda ZAHNER, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Appellee. No. 05CA1687.Colorado Court of Appeals. March 22, 2007. Rehearing Denied June 21, 2007. Certiorari Dismissed October 5, 2007. Appeal from the Boulder County District Court, D.D. Mallard, J. Page 99 John Taussig, III, Boulder, Colorado, for Plaintiff-Appellant. Harris, Karstaedt, Jamison Powers, P.C., […]

The People of the State of Colorado, Plaintiff-Appellant, v. Peter George Wyman, Defendant-Appellee. No. 89SA405Supreme Court of Colorado. Decided April 2, 1990. Interlocutory Appeal from District Court Boulder County Honorable Richard C. McLean, Judge Page 1279 Alexander M. Hunter, District Attorney, Bryan W. Quiram, Deputy District Attorney, for Plaintiff-Appellant. Law Offices of Paul E. Vranesic, […]

In re the Marriage of: Kay Dianne Thompson, Appellee and Cross-Appellant, and Richard Edward Thompson, Appellant and Cross-Appellee. No. 83CA1171Colorado Court of Appeals. Decided August 1, 1985. Appeal from the District Court of El Paso County Honorable William E. Rhodes, Judge Page 429 Kirkman, Henley Pelican, William H. Kirkman, Jr., for Appellee and Cross-Appellant. Clawson […]