Category: Colorado Court Opinions

Leslie W. Goletz, Petitioner, v. Mesa County Valley School District No. 51, Transportation Insurance Company, and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 90CA0618Colorado Court of Appeals. Decided April 11, 1991. Rehearing Denied May 9, 1991. Certiorari Granted August 5, 1991 (91SC314). Certiorari Granted on the following issues: Whether the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Curtis Heitzman, Defendant-Appellant. No. 92SA156 No. 92SA157Supreme Court of Colorado. Decided May 10, 1993. Rehearing Denied June 7, 1993. Appeal from the District Court, Jefferson County Honorable Michael C. Villano, Judge Page 444 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy […]

Omnibank Iliff, N.A., Plaintiff-Appellant, v. John J. Tipton, Executive Director, Department of Revenue, State of Colorado; Department of Revenue, State of Colorado; and Clarence Michael Powley, individually, Defendants-Appellees. No. 91CA0663Colorado Court of Appeals. Decided June 4, 1992. Rehearing Denied August 13, 1992. Certiorari Denied January 19, 1993 (92SC594). Appeal from the District Court of the […]

Garde T. Baldwin and Lavon C. Baldwin, and Hughes, Pelz, Leach Clikeman, P. C., Petitioners, v. Bright Mortgage Company (f/k/a Southern Trust and Mortgage Company), a Texas Corporation, authorized to do business in the State of Colorado, Respondent. No. 87SC54Supreme Court of Colorado. Decided July 11, 1988. Certiorari to the Colorado Court of Appeals Harlan […]

(295 P.2d 221) J. N. McCULLOUGH, ET AL. v. VIRGIL H. THOMPSON, ET AL. No. 17,677.Supreme Court of Colorado. Decided March 26, 1956. Suit by real estate brokers to recover commission on sale of property. Judgment for plaintiffs. Affirmed. 1. BROKERS — Commission — When Earned. When plaintiffs produced a purchaser ready, willing and able […]

James Raymond Hoehl v. Motor Vehicle Division of the Department of Revenue, State of Colorado No. 80CA0515Colorado Court of Appeals. Decided October 30, 1980. Rehearing denied November 20, 1980. Certiorari denied March 2, 1981. Page 908 Appeal from the District Court of Jefferson County, Honorable Gaspar F. Perricone, Judge. Myers, Woodford Hoppin, P.C., Charles T. […]

9 P.2d 1061 CALVAT ET AL. v. FRANKLIN ET AL. No. 12,526.Supreme Court of Colorado. Decided March 28, 1932. Action for damages for trespass. Judgment for plaintiffs. Affirmed. 1. APPEAL AND ERROR — Fact Findings. There being an abundance of competent evidence to sustain fact findings of the trial court, they will not be disturbed […]

(558 P.2d 450) In re the Marriage of James Conant Corley, a/k/a James Conant Dean and Mary Frances Corley, a/k/a Mary Frances Dean No. 75-860Colorado Court of Appeals. Decided October 28, 1976. Rehearing denied November 18, 1976. Certiorari denied January 3, 1977. In a dissolution of marriage action, despite the fact that a property settlement […]

(433 P.2d 333) Marlin Charters, Inc. a Colorado corporation v. Robert H. Isaac, Trustee of the Estate of Copley Company, Bankrupt. No. 22014.Supreme Court of Colorado. Decided November 13, 1967. Action by trustee for bankrupt to recover a specific sum of money alleged to be an asset of the bankrupt and wrongfully withheld by defendant. […]

The People of the State of Colorado, Petitioner, v. The District Court in and for the City and County of Denver, State of Colorado, and J. Stephen Phillips, one of the Judges thereof, Respondents. No. 84SA498Supreme Court of Colorado. Decided November 18, 1985. Rehearing Denied January 13, 1986. Original Proceeding Page 667 Norman S. Early, […]

(417 P.2d 769) Albert N. Gregerson and Beatrice E. Gregerson v. Frank E. Weatherly and Helen M. Weatherly. No. 21164.Supreme Court of Colorado. Decided August 29, 1966. Action by plaintiffs for specific performance and damages involving a contract for exchange of realty and personalty, and defendants counterclaimed for recission. From a judgment which granted specific […]

(591 P.2d 596) Bonnie Jean Becker, a/k/a Bonnie Jean Triplett v. Samuel P. Arnold and Tall Country Real Estate Company, a Colorado corporation No. 78-016Colorado Court of Appeals. Decided February 8, 1979. In an action to recover a real estate salesman’s commission, the salesman appealed the dismissal of her complaint, and the dismissal of her […]

(431 P.2d 460) The First National Bank in Fort Collins, a national banking association v. Sam McClure Son, Inc., a Colorado corporation. No. 21771.Supreme Court of Colorado. Decided September 11, 1967. Action to enforce a mechanic’s lien. From a judgment foreclosing a mechanic’s lien in favor of materialman, the bank brought error. Judgment Modified and […]

Macario CAMUS and Kristen Camus, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois Insurance Company, Defendant-Appellee. No. 05CA1404.Colorado Court of Appeals. December 14, 2006. Appeal from the El Paso County District Court, Rebecca S. Bromley, J. Ron Robinson, P.C., Ron J. Robinson, Colorado Springs, Colorado, for Plaintiffs-Appellants. Page 679 Fisher, Sweetbaum Levin, P.C., […]

69 P.2d 246 PEOPLE EX REL. ATTORNEY GENERAL v. EDISON. No. 14,110.Supreme Court of Colorado. Decided June 1, 1937. Original proceeding in disbarment. Dismissed. 1. CRIMINAL LAW — Nolo Contendere. When accepted by the court a plea of nolo contendere becomes an implied confession of guilt and for the purposes of the case only, equivalent […]

SIDNEY ROBINSON, Petitioner, v. THE PEOPLE OF THE STATE OF COLORADO, Respondent. No. 95SC486Supreme Court of Colorado. October 28, 1996 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED David F. Vela, Colorado State Public Defender, Martin Gerra, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner. Gale A. Norton, Attorney General, Timothy M. Tymkovich, […]

(472 P.2d 158) Stanley Horacek v. Cherry Creek Corporation No. 70-232 (Supreme Court No. 23270)Colorado Court of Appeals. Decided May 19, 1970. Action for damages resulting from breach of contract brought by lessor against guarantor of lessee. From judgment awarding lessor damages for unpaid rental, reimbursement for taxes paid, and cleaning and restoring expense, defendant […]

David Shulman, Plaintiff-Appellant, v. State Farm Mutual Automobile Insurance Company, Defendant-Appellee. No. 98CA0708Colorado Court of Appeals. Division V August 19, 1999 Rehearing Denied October 28, 1999 Certiorari Denied May 15, 2000 PRIOR OPINION ANNOUNCED JULY 1, 1999 WITHDRAWN Appeal from the District Court of Arapahoe County, Honorable Deanna E. Hickman, Judge, No. 96CV2473 JUDGMENT AFFIRMED […]

(573 P.2d 568) The Board of County Commissioners of the County of Arapahoe, State of Colorado v. The City and County of Denver, Colorado, a municipal corporation The Board of County Commissioners of the County of Arapahoe, State of Colorado v. The City and County of Denver, Colorado, a municipal corporation, and Ralph M. Loeff […]

Gloria DiManna, d/b/a Geno’s Liquors v. John B. Kalbin, Director of Excise and License, City and County of Denver No. 81CA0449Colorado Court of Appeals. Decided January 14, 1982. Rehearing denied February 11, 1982. Certiorari denied May 24, 1982. Appeal from the District Court of the City and County of Denver, Honorable Gilbert Alexander, Judge. Theodore […]

Whale Communications d/b/a Radio Station Magic 99, Petitioner, v. Claimants in the Matter of the Death of Susan Lee Osborn and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 87CA1766Colorado Court of Appeals. Decided July 7, 1988. Review of Order From the Industrial Claim Appeals Office of the State of Colorado […]

Glenn Clark Troelstrup, Petitioner, v. The District Court in and for the City and County of Denver; The Honorable Warren O. Martin, One of the Judges thereof; Allstate Insurance Company; The State of Colorado, Fort Logan Mental Health Center; and, W.M.L., a Minor, by and through his Mother and Next Friend, S.K.L., Respondents. No. 85SA33Supreme […]

(281 P.2d 1006) CHESTER E. ECCLES, JR., AS ADMINISTRATOR, ETC. v. ALMA GABRIEL SYLVESTER AND WILLIAM JOSEPH GABRIEL, TRUSTEES, ETC. No. 17,363.Supreme Court of Colorado. Decided March 21, 1955. Rehearing denied April 25, 1955. Action by trustees of expired corporation against officers for damages arising out of operation of corporation. Judgment for plaintiff. Affirmed in […]

Merchants Mortgage Trust Corporation, Plaintiff-Appellee, v. Thomas S. Dawe and Ila Mae Dawe, Defendants-Appellants No. 82CA0230Colorado Court of Appeals. Decided November 12, 1982. Rehearing denied December 16, 1982. Certiorari Granted March 7, 1983. Page 1300 Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Davis, Moorhead Ceriani, P.C., Luther K. Branting, Gary […]

The People of the State of Colorado, Plaintiff-Appellant, v. Abel O. Guerin, Defendant-Appellee. No. 88SA329Supreme Court of Colorado. Decided February 27, 1989. Interlocutory Appeal from District Court, Pueblo County Honorable John R. Tracey, Judge Page 1069 G.F. Sandstrom, District Attorney, Richard W. Dickerson, Deputy District Attorney, for Plaintiff-Appellant. Joseph A. Koncilja, for Defendant-Appellee. EN BANC […]

(228 P.2d 158) WYMAN v. JONES. No. 16,497.Supreme Court of Colorado. Decided January 22, 1951. Rehearing denied February 26, 1951. An action for injunctive relief, in which plaintiff sought to have defendant enjoined from causing a natural stream “to depart from the old channel.” Judgment of dismissal. Reversed. 1. INJUNCTION — Purposes. “An injunction is […]

The Board of County Commissioners of the County of Mesa, State of Colorado, Petitioner-Appellee, v. Robert R. Blecha and Bethal A. Blecha, Respondents-Appellants. No. 83CA0763Colorado Court of Appeals. Decided February 7, 1985. Appeal from the District Court of Mesa County Honorable James J. Carter, Judge Page 417 Maurice Lyle Dechant; Calkins, Kramer, Grimshaw Harring, Wayne […]

(570 P.2d 535) John Wimberly, Joe Wilson, Patrick Oneil, Albert Oneil, Larry Baker, Kenneth Baker, Adrian Cochran, and Mel Northington v. Irving Ettenberg, Judge of the County Court in and for the City and County of Denver, State of Colorado No. 27415Supreme Court of Colorado. Decided October 11, 1977. Complaint filed by bail bondsmen seeking […]

William G. WALL and Patricia A. Wall, Plaintiffs-Appellants v. CITY OF AURORA, a municipal corporation of the State of Colorado, Defendant-Appellee. No. 05CA2456.Colorado Court of Appeals. May 31, 2007. Appeal from the District Court Arapahoe County, Timothy L. Fasing, J. Page 935 Boyle/Apelman, P.C., Terence P. Boyle, Mark Apelman, Denver, Colorado, for Plaintiffs-Appellants. Duncan, Ostrander […]

(484 P.2d 1235) Arthur W. Nahring and Margaret B. Nahring v. City and County of Denver, a municipal corporation of the State of Colorado, acting by and through its Board of Water Commissioners. No. 23217.Supreme Court of Colorado. Decided May 17, 1971. Action by landowners against municipal water board for injunctive relief and for damages […]

(366 P.2d 557) CHARLES KENT ROYLANCE, ET AL., UNDERWRITERS AT LLOYD’S v. CITIZENS SAVING BANK. No. 19,708.Supreme Court of Colorado. Decided November 20, 1961. Rehearing denied December 18, 1961. Action against insurer of motor vehicle by holder of chattel mortgage and loss payable clause of insurance policy. Judgment for plaintiff. Affirmed. 1. CHATTEL MORTGAGES — […]

Joseph Edward Milan v. Aims Junior College District, a body corporate No. 79CA0104Colorado Court of Appeals. Decided August 21, 1980. Rehearing denied October 16, 1980. Certiorari denied January 26, 1981. Appeal from the District Court of Weld County, Honorable Robert A. Behrman, Judge. Page 66 Arthur P. Roy, for plaintiff-appellant. Yegge, Hall and Evans, Carol […]

(354 P.2d 1020) JAMES ALBERT GONZALES, ETC. v. PEOPLE OF THE STATE OF COLORADO. No. 19,004.Supreme Court of Colorado. Decided August 22, 1960. Rehearing denied January 23, 1961. Defendant was convicted of armed robbery and brings error. Affirmed. 1. CRIMINAL LAW — Conflict of Laws — Federal Offense — State Offense — Prosecution. A person […]

Carl Cerveny, George J. Langdon, and Kenneth K. Siler, Plaintiffs-Appellants, and Kevin B. Pratt and Douglas Bruce, Third-Party Appellants, v. City of Wheat Ridge, Defendant-Appellee. No. 93CA1453Colorado Court of Appeals. Decided June 30, 1994. The Opinion was Modified, and as Modified, Petition for Rehearing DENIED July 28, 1994. Petition for Writ of Certiorari GRANTED February […]

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony Gilbert Apodaca, Defendant-Appellant. No. 80CA1184Colorado Court of Appeals. Decided December 9, 1982. Rehearing denied January 20, 1983. Certiorari Granted August 29, 1983. Appeal from the District Court of Huerfano County Honorable Harry R. Sayre, Judge Page 942 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

In re the Marriage of Rebecca J. Mugge, Appellant, and Mark A. Mugge, Appellee. No. 01CA2159.Colorado Court of Appeals. Division V. February 13, 2003. Jefferson County District Court No. 99DR814; Honorable Ruthanne N. Polidori, Judge Page 208 ORDER AFFIRMED Page 209 Jeffrey W. Ludwig, Highlands Ranch, Colorado, for Appellant Martin D. Brown, PLLC, Martin D. […]

(514 P.2d 320) The People of the State of Colorado v. Joyce Evelyn Hannah, Richard Hannah, and Cheri Lynn Harding, a/k/a Cheri Lynn Duarte, a/k/a Cherry Lynn Dorcey, a/k/a Sheri Harding, a/k/a Cherri Lynn Musso No. 26056Supreme Court of Colorado. Decided September 24, 1973. Interlocutory appeal involving pretrial motions to suppress narcotics and paraphernalia seized […]

150 P.2d 861 PEOPLE EX REL. BAUER v. McCLOSKEY ET AL. No. 15,173.Supreme Court of Colorado. Decided July 3, 1944. An action for damages resulting from the death of relator’s husband, and wrongfully caused, as it is alleged, by a deputy sheriff while engaged in his duties of preserving the peace. Judgment for defendants. Reversed. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Deanna Lynn BOWLES, Defendant-Appellant. No. 07CA2503.Colorado Court of Appeals. April 16, 2009. Appeal from the District Court, Jefferson County, Lily Oeffler, J. Page 1126 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1127 […]

40 P.2d 238 JENSEN v. JENSEN. No. 13,388.Supreme Court of Colorado. Decided January 7, 1935. Plaintiff in error was adjudged guilty of contempt of court for refusal to answer questions propounded to him by the trial judge in a hearing on citation to show cause. Reversed. On Application for Supersedeas. 1. CONTEMPT — Affidavit — […]

Kathleen F. CONNERS, Plaintiff-Appellant, v. CITY OF COLORADO SPRINGS, Defendant-Appellee. No. 96CA0885.Colorado Court of Appeals. Division II. December 11, 1997. Rehearing Denied February 5, 1998. Certiorari Granted September 8, 1998. Appeal from the District Court, El Paso County, Gilbert A. Martinez, J. John L. Maska, Colorado Springs, for Plaintiff-Appellant. James G. Colvin, II, City Attorney, […]

Charles L. Campbell, Harry C. Talbott, Ronald R. Crist, William R. Emblad, and Gary Crist, Plaintiffs, v. Orchard Mesa Irrigation District; Mutual Mesa Lateral Enterprise; Farm Services Administration (formerly Agricultural Stabilization and Conservation Service), an agency of the United States Department of Agriculture; the Natural Resources Conservation Service (formerly Soil Conservation Service), an agency of […]

(228 P.2d 456) NIELSON ET AL. v. NEWMYER ET AL. No. 16,251.Supreme Court of Colorado. Decided January 8, 1951. Rehearing denied March 5, 1951. An action to require a water association to deliver to plaintiff twenty-five inches of water from an irrigation canal. Judgment for plaintiffs. Reversed. 1. WATER RIGHTS — Property. “A water right […]

(426 P.2d 192) Hugh J. McClearn, Manager of Safety and Excise and Ex-officio Sheriff in and for the City and County of Denver v. Rose Marie Jones, a/k/a Kelley Jones. No. 21399.Supreme Court of Colorado. Decided April 17, 1967. From order of trial court which made writ of habeas corpus permanent thereby discharging petitioner pending […]

(473 P.2d 720) Ronald Gene Herriott v. Robert L. Stevenson, a/k/a Roy L. Stevenson, d/b/a Conco Construction, Denver Commercial Builders, State Compensation Insurance Fund, and Industrial Commission of Colorado. No. 24492.Supreme Court of Colorado. Decided August 17, 1970. Workmen’s compensation case involving interpretation of fifty per cent penalty provision of statute. From judgment upholding Industrial […]

(495 P.2d 203) Charles J. DeMoulin, Patricia DeMoulin, Jeanne E. Shannon, Barbara A. Rutherford, Sally Snelling, Wayne Knox, Virginia Kuhn, and Wiley Smith, on behalf of themselves and on behalf of all others persons similarly situated v. The City and County of Denver, a body politic and corporate, Public Service Company of Colorado, a Colorado […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joshua Anthony GOMEZ, Defendant-Appellant. No. 06CA1205.Colorado Court of Appeals. September 4, 2008. Rehearing Denied October 9, 2008. Appeal from the District Court, Pueblo County, Victor I. Reyes, J. Page 54 John W. Suthers, Attorney General, Laurie A. Booras, First Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. […]

109 P.2d 261 PEOPLE EX REL. GRIFFITH v. BUNDY ET AL. No. 14,912.Supreme Court of Colorado. Decided December 31, 1940. Opinion filed January 7, 1941. A proceeding in mandamus involving the certification of election returns on votes case for attorney general. 1. ELECTIONS — Supreme Court — Jurisdiction. In a proceeding involving the correctness of […]

Sue Hughey, Petitioner-Appellant, v. Jefferson County Board of Commissioners, Respondent-Appellee, and Colorado Board of Assessment Appeals, Appellee. No. 95CA0971Colorado Court of Appeals. June 13, 1996 Appeal from the Colorado State Board of Assessment Appeals No. 28120 ORDER AFFIRMED Page 77 Sue Hughey, Pro Se. Frank J. Hutfless, Jefferson County Attorney, David Hughes, Special Assistant County […]

(263 P.2d 440) REDAK ET AL. v. GREEN, DOING BUSINESS AS S. ADAMS PACKING COMPANY. No. 16,977.Supreme Court of Colorado. Decided November 16, 1953. An action to reform a contract involving real property, and for damages. Judgment was entered by the trial court enjoining defendants from instituting foreclosure proceedings. PER CURIAM. Judgment affirmed en banc […]

Robin G. Theobald, Plaintiff-Appellee, v. The Board of County Commissioners, Summit County, State of Colorado, Summit County Regional Planning Commission, Defendants-Appellants. Frank Plaut, Linda Plaut, Robert A. Theobald Co., a General Partnership, and Lois G. Theobald Co., a General Partnership, Plaintiffs-Appellees, v. Board of County Commissioners of Summit County, State of Colorado, Summit County Regional […]

Golden Aluminum Company, Petitioner-Appellee, and Board of Assessment Appeals of the State of Colorado, Appellee, v. Weld County Board of County Commissioners, Respondent-Appellant. No. 92CA1917Colorado Court of Appeals. Decided December 16, 1993 Page 191 Appeal from the Colorado State Board of Assessment Appeals No. 18731 ORDER AFFIRMED William A. McLain, P.C., William A. McLain, Denver, […]

(483 P.2d 361) Board of Education of School District No. 6 Arapahoe County, Colorado v. The District Court in and for the County of Arapahoe, State of Colorado, and Honorable Marvin W. Foote, one of the Judges thereof. No. 25048.Supreme Court of Colorado. Decided April 12, 1971. Original proceeding involving question whether depositions of members […]

Andrei Nagy and Maria Nagy, Plaintiffs-Appellants and Cross-Appellees, v. Klaus P. Landau a/k/a Pete Landau, Defendant-Appellee and Cross-Appellant. No. 89CA1430Colorado Court of Appeals. Decided December 20, 1990. Rehearing Denied February 21, 1991. Appeal from the District Court of the City and County of Denver Honorable John Brooks, Jr., Judge. Page 1228 Donald S. Molen, for […]

(403 P.2d 876) JAMES DEE BRADLEY v. THE PEOPLE OF THE STATE OF COLORADO. No. 21125.Supreme Court of Colorado. Decided July 6, 1965. Defendant was convicted of larceny, burglary, conspiracy to commit larceny and conspiracy to commit burglary, and brings error. Affirmed. 1. CRIMINAL LAW — Evidence — Admissibility — Firing of Rifle — Prejudice […]

In the Matter of the Petition of D.S.L., Petitioner-Appellee, v. For the Relinquishment of Children, C.S.M. and T.G.M., and Concerning G.R.M., Respondent-Appellant. No. 00CA0756Colorado Court of Appeals. January 18, 2001 Montezuma County District Court No. 98JR0005, Honorable Sharon L. Hansen, Judge. JUDGMENT REVERSED. Page 857 No Appearance for Petitioner-Appellee. Jon Lewis Kelly, Cortez, Colorado, for […]

(548 P.2d 1282) The People of the State of Colorado In the Interest of R. M. and W. M., Children Upon the Petition of G. C., and Concerning R. M. No. 75-511Colorado Court of Appeals. Decided December 11, 1975. In action for support of child conceived during the marriage of the petitioner and the respondent, […]

(337 P.2d 389) BUDDY AND LLOYD’S STORE NO. 1, INC. v. CITY COUNCIL, CITY OF AURORA, ET AL. No. 18,202.Supreme Court of Colorado. Decided March 30, 1959. From a judgment affirming action of the city council in denying an application for a beverage license, the applicant brings error. Reversed and Remanded With Directions. 1. INTOXICATING […]

38 P.2d 774 WEAVER ET AL. v. TOWN OF LITTLETON. No. 13,310.Supreme Court of Colorado. Decided November 26, 1934. Action to disconnect lands from an incorporated town. Judgment of dismissal. Affirmed. 1. TOWNS AND CITIES — Disconnecting Territory. Territory may be disconnected from a town under existing statutes only when no part of the area […]

(466 P.2d 919) Eugene Velarde v. The People of the State of Colorado. No. 23237.Supreme Court of Colorado. Decided March 16, 1970. Defendant was convicted of aggravated robbery and conspiracy to commit aggravated robbery and brought error. Reversed. 1. CONSTITUTIONAL LAW — Aggravated Robbery — Conspiracy — District Attorney — Testimony — Officer — Statement […]

Mark A. CORNELIUS, Applicant-Appellant v. RIVER RIDGE RANCH LANDOWNERS ASSOCIATION; Rio Cucharas Phase 3 Homeowners Association; Maria Lake Grazing Association; Dick Wolfe, State Engineer; Steve Witte, Division Engineer for Water Division 2; Huerfano County Commissioners; Huerfano County Water Conservancy District; Pat McConnell; Angela Treece; Talbert R. Mead, Jr.; Richard I. George; Loretta Charlifue; and Maria […]

Myron Stratton Home, Petitioner, v. John Smith, the Industrial Commission of the State of Colorado, and the Director of the Division of Labor, Respondents. No. 82CA0091Colorado Court of Appeals. Decided July 15, 1982. Rehearing denied August 12, 1982. Certiorari granted December 20, 1982. Review of Order from Industrial Commission of the State of Colorado Glasman, […]

(593 P.2d 354) David Pigford v. The People of the State of Colorado No. C-1570Supreme Court of Colorado. Decided April 9, 1979. Rehearing denied April 30, 1979. Defendant was convicted of first-degree burglary and criminal attempt to commit first-degree sexual assault. The court of appeals, 40 Colo. App. 523, 580 P.2d 820, upheld the convictions […]

(307 P.2d 196) JOHN E. ROSS, ET AL. v. ARROW MANUFACTURING COMPANY. No. 17,816.Supreme Court of Colorado. Decided February 11, 1957. Action to recover incentive bonus claimed to be due employees of defendant. From a judgment of dismissal the plaintiffs bring error. Reversed and Remanded With Directions. 1. PRACTICE AND PROCEDURE — Rules — Motion […]

(380 P.2d 19) CARL CLAYTON COPPINGER v. THE PEOPLE OF THE STATE OF COLORADO. No. 20,400.Supreme Court of Colorado. Decided March 25, 1963. Defendant was convicted of uttering a fictitious check and sentenced as an habitual criminal. Affirmed in Part, Reversed in Part. 1. CRIMINAL LAW — Habitual Criminal Act — Evidence — Prior Conviction […]

(474 P.2d 599) Lorne Knisley and Vera Knisley, individually and doing business as Rimrock Ranch v. K. K. Parsons. No. 22887.Supreme Court of Colorado. Decided September 21, 1970. Action by seller against buyers to recover money due and owing on a sale of horses and buyers counterclaimed asserting that pedigree of stallion purchased was misrepresented […]

Richard Collins and Randy Kailey, Petitioners-Appellants, v. Janet Bandy, Clerk of the Combined Courts, Respondent-Appellee. No. 94CA0354Colorado Court of Appeals. Decided January 12, 1995. Petition for Writ of Certiorari DENIED August 17, 1995. Appeal from the District Court of Lincoln County Honorable Norman L. Arends, Judge No. 94CV1. ORDER AFFIRMED. Page 267 Richard Collins, Pro […]

(405 P.2d 939) Guy Tanner, ET AL. v. City of Boulder, Colorado, ET AL. No. 21318Supreme Court of Colorado. Decided September 13, 1965 Rehearing denied October 11, 1965. Action by certain residents and taxpayers of City on behalf of themselves and all other persons similarly situated seeking invalidation of completed annexation by City and its […]

(421 P.2d 480) J. F. Burt, v. The People of the State of Colorado, ex rel. Duke W. Dunbar, Attorney General of the State of Colorado, and the State Board of Optometric Examiners of the State of Colorado. No. 22012Supreme Court of Colorado. Decided December 5, 1966. Rehearing denied January 9, 1967. From a judgment […]

The People of the State of Colorado, Plaintiff-Appellant, v. Robert Michael Bischofberger, Defendant-Appellee. No. 85SA424Supreme Court of Colorado. Decided September 2, 1986. Interlocutory Appeal from District Court, Arapahoe County Honorable John P. Gately, Judge Page 661 Robert R. Gallagher, Jr., District Attorney, Catherine P. Adkisson, Chief Deputy District Attorney, for Plaintiff-Appellant. Bruce P. Fierst, P.C., […]

(491 P.2d 1377) Marie E. Reed, Administratrix of the Estate of Sherman C. Reed, Deceased v. United States Fidelity and Guaranty Company, a Corporation. No. 23528.Supreme Court of Colorado. Decided December 27, 1971. Rehearing denied January 17, 1972. Plaintiff, as administratrix of the estate of her deceased husband, brought suit against insurer on an accident […]

(542 P.2d 1293) Rudy Saiz v. The District Court in and for the Tenth Judicial District, State of Colorado, and The Honorable Jack F. Seavy, one of the Judges thereof No. 26954Supreme Court of Colorado. Decided December 1, 1975. Original proceeding in the nature of mandamus wherein defendant, against whom charges of burglary, robbery, and […]

(428 P.2d 928) Bernie Samett and The Zenith Packing Company, a Colorado Corporation v. Abe Lieberman. No. 21435.Supreme Court of Colorado. Decided June 19, 1967. Action seeking compensation as result of being deprived of use of certain machinery and equipment and for damages due to misuse. From judgment in favor of plaintiffs, both parties alleged […]

75 P.2d 146 ESTATE OF STEPP. STEPP v. STEPP. No. 14,144.Supreme Court of Colorado. Decided December 20, 1937. Suit on claim against the estate of a deceased person. Judgment for plaintiff. Affirmed. 1. WORDS AND PHRASES — Adverse Party. An “adverse party” is any person whose personal or property or other rights may be adversely […]

State of Colorado; Gale A. Norton, in her official capacity as Attorney General of the State of Colorado; Department of Revenue for the State of Colorado; Renny Fagen, in his official capacity as Executive Director, Department of Revenue, Dee Hartman, in his official capacity as Director, Division of Motor Vehicles, Department of Revenue; Larry Huls, […]

(549 P.2d 774) The People of the State of Colorado ex rel. Dale Tooley, District Attorney for the Second Judicial District v. District Court in and for the Second Judicial District, State of Colorado, and the Honorable George M. McNamara, judge thereof No. 27106Supreme Court of Colorado. Decided April 30, 1976. Original proceeding in which […]

City and County of Denver, Acting By and Through Its Board of Water Commissioners, Petitioner-Appellant, v. Vail Valley Consolidated Water District; Mobile Oil Corporation; Colorado River Water Conservation District, Objectors-Appellees, and Upper Eagle Regional Water Authority, Intervenor-Appellee. No. 85SA428Supreme Court of Colorado. Decided February 22, 1988. Appeal from District Court, Water Division No. 5 Honorable […]

KELLER CORPORATION, d/b/a The Blind Man of America, Plaintiff-Appellant, v. David KELLEY and Accent Window Coverings of Southern Colorado, Inc., Defendants-Appellees. No. 07CA0580.Colorado Court of Appeals. May 15, 2008. Appeal from the District Court, Pueblo County, Victor I. Reyes, J. Page 1134 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

Elmer A. KOBOBEL, Mariam M. Kobobel, Larry A. Kobobel, Glen D. Kobobel, David A. Knievel, and Margery A. Knievel, Plaintiffs-Appellants, v. STATE of Colorado, DEPARTMENT OF NATURAL RESOURCES, Division of Water Resources; Harold D. Simpson, P.E., in his capacity as Colorado State Engineer; James R. Hall, P.E., in his capacity as Division Engineer in and […]

Robert Brotman, State Board of Land Commissioners, and State of Colorado, Petitioners/Cross-Respondents, v. East Lake Creek Ranch, L.L.P., a Colorado limited liability partnership, Respondent/Cross-Petitioner. No. 99SC713Supreme Court of Colorado. September 10, 2001 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 98CA653 JUDGMENT REVERSED Page 887 EN BANC No. 99SC513, People v. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Claude R. Jenkins, Defendant-Appellant. No. 84CA1279Colorado Court of Appeals. Decided December 19, 1985. Rehearing Denied January 16, 1986. Certiorari Denied Jenkins March 31, 1986 (86SC57). Appeal from the District Court of Morgan County Honorable Joseph J. Weatherby, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief […]

In Re The Marriage Of: Laramie Short, Appellee, and Carl Michael Short, Appellant. No. 82CA0442Colorado Court of Appeals. Decided June 16, 1983. Rehearing Denied July 14, 1983. Certiorari Granted January 9, 1984. Appeal from the District Court of Garfield County Honorable Thomas W. Ossola, Judge Page 324 Charles H. Willman, P.C., Charles H. Willman, for […]

Denise Shorey, and Jefferson County Education Association, Plaintiffs-Appellants, v. Jefferson County School District No. R-1, Defendant-Appellee. No. 89CA0777Colorado Court of Appeals. Decided August 30, 1990. Rehearing Denied September 27, 1990. Certiorari Granted March 18, 1991 (90SC664). Certiorari Granted on the following issues: Whether the court of appeals misconstrued Hoffsetz v. Jefferson County School District R-1, […]

(508 P.2d 789) City and County of Denver, a Municipal corporation; Anthony H. Jansen, Zoning Administrator of the City and County of Denver v. Chuck Ruwart Chevrolet, Inc., a Colorado corporation; and Charles H. Ruwart, Jr., and Henry J. Davidson; Roy E. Davidson; Estate of Donald A. Davidson, Deceased; De Maria Davidson, also and sometimes […]

In the Matter of the Application for Water Rights of the United States of America in Water Division 4, State of Colorado Dominguez Reservoir Corporation, assignee of the Water Rights of the United States of America, Appellant, v. Arlan W. Feil and Edwin A. Hintz, State of Colorado State Engineer and Division Engineer for Water […]

(244 P.2d 1081) JABELONSKY, BUILDING INSPECTOR v. FIKE ET AL. No. 16,510.Supreme Court of Colorado. Decided May 19, 1952. An action involving a municipal zoning ordinance. The trial court ordered that the building inspector of the city be restrained from “interfering with petitioner’s use of the property * * * as a rooming house.” Affirmed […]

Albert Cohen, Plaintiff-Appellant, v. Empire Casualty Company, a Colorado corporation, Defendant-Appellee. No. 86CA1558Colorado Court of Appeals. Decided February 2, 1989. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge. Page 30 LaFond Evangilisti, John S. Evangilisti, for Plaintiff-Appellant. Cordova, Harris Mellon, P.C., Larry N. Harris, John S.L. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Abel Anthony Vigil, Jr., Defendant-Appellee. No. 86SA406Supreme Court of Colorado. Decided July 18, 1988. Appeal from District Court, El Paso County Honorable Steven Pelican, Judge Page 671 Barney Iuppa, District Attorney, Fourth Judicial District, Daniel H. May, Deputy District Attorney, for Plaintiff-Appellant. David F. Vela, Colorado […]

556 P.2d 1217 The People of the State of Colorado, by and on behalf of The People of the City of Thornton v. Honorable John F. Horan, County Judge, County Court of Adams County No. 27240Supreme Court of Colorado. Decided November 22, 1976. Rehearing denied December 20, 1976. Original proceeding. Two persons found guilty by […]

In the Matter of the Estate of John E. Santarelli, a/k/a John Edward Santarelli, Deceased, and John Santarelli, Personal Representative-Appellant, and In the Matter of the Estate of Mary E. Hockinson, a/k/a Mary Elizabeth Hockinson, Deceased, and Anthony Stringari, Personal Representative-Appellant. No. 02CA0788.Colorado Court of Appeals. Div. IV. June 19, 2003. Page 524 Fremont County […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of J.C.S., a Child, and Concerning C.C., Respondent-Appellant. No. 06CA1868.Colorado Court of Appeals. July 12, 2007. Rehearing Denied August 16, 2007.[*] Certiorari Granted October 15, 2007. [*] Taubman, J., would grant. Appeal from the Huerfano County District, Claude W. Appel, J. Page 241 James […]

169 P.2d 610 FERGUSON ET AL. v. MUELLER, RECEIVER. No. 15,705.Supreme Court of Colorado. Decided May 13, 1946. An action to foreclose a deed of trust. Judgment of foreclosure. On Application for Supersedeas, Cause Remanded with Instructions. 1. TRUSTS — Accounting. There is no more fundamental duty imposed on those who hold property for others […]

(369 P.2d 981) ORVAL S. PETERSON, ET AL. v. JAMES A. REED, ET AL. No. 19,584.Supreme Court of Colorado. Decided March 26, 1962. Action for adjudication of water rights. From a decree for protestants the plaintiffs bring error. Affirmed. 1. WATER RIGHTS — Priorities — Drainage Ditch — Tributary to Natural Stream — Presumption. It […]