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   State Courts - Colorado - December 9, 1999

  
E-470 Pub. Hwy. Auth. v. 455 Co., No. 98CA1829, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 9, 1999, Decided
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Overview: Order denying interest on amount deposited by petitioner with the court in an eminent domain proceeding was affirmed.

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Feldewerth v. Joint Sch. Dist. 28-J, No. 98CA2279, COURT OF APPEALS OF COLORADO, DIVISION TWO, December 9, 1999, Decided
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Overview: Defendant school district fully complied with statutory notice requirements when it gave notice of its intent to dismiss plaintiff assistant principal to plaintiff's attorney rather than to plaintiff via certified mail.

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Fortner v. Cousar, No. 98CA0988, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 9, 1999, Decided
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Overview: Tree service license applicants could not assert wrongful denial as defense to operating without license since city ordinance regarding licenses was valid; law of case doctrine did not apply to preliminary injunction ruling.

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Holly Nursing Care Ctr. v. Industrial Claim Appeals Office, No. 99CA0657, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 9, 1999, Decided
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Overview: Award of permanent total disability and future medical benefits was supported by claimant's vocational and medical evidence; apportionment was not appropriate since claimant's previous injury was not previous disability.

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In re Marriage of England, No. 98CA2553, COURT OF APPEALS OF COLORADO, DIVISION ONE, December 9, 1999, Decided
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Overview: Father's failure to file claim for damages resulting from work-related accident did not constitute voluntary reduction in his income for purposes of determining child support; parenting time awarded was not harmful to child.

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McLane W., Inc. v. Industrial Claim Appeals Office, No. 99CA0473, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 9, 1999, Decided
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Overview: Permanent partial disability rating affirmed in workers' compensation case because the six months of documented pain necessary for permanent disability rating did not have to occur prior to maximum medical improvement date.

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Nicholas v. North Colo. Med. Ctr., Inc., No. 98CA1407, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 9, 1999, Decided
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Overview: Summary judgment determining that defendant medical center was immune from liability under HCQIA and CPRA reversed. A jury could conclude that defendant deprived plaintiff doctor of procedural due process under the statutes.

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People v. Gagnon, No. 98CA1632, COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 9, 1999, Decided
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Overview: Conviction for sexual exploitation of a child affirmed. Defendant could not claim to have been unfairly surprised that taking pictures of 16-year-old with her bra removed fell within the proscription of the statute.

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People v. Holmberg, No. 98CA1953, COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 9, 1999, Decided
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Overview: Denial of defendant's motion to suppress was affirmed because the private security officer who performed the search was not a state agent for law enforcement purposes, and the search did not involve state action.

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People v. Jones, No. 99CA0024, COURT OF APPEALS OF COLORADO, DIVISION THREE, December 9, 1999, Decided
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Overview: Defendant was convicted after July, 1, 1996 so mandatory parole not required under felony sex offender statute and trial court not required to advise him regarding mandatory parole making sentence modification inappropriate.

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