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| Eagle Ridge Condo. Ass'n v. Metro. Builders, Inc., Court of Appeals No. 03CA0805,
COURT OF APPEALS OF COLORADO, DIVISION TWO, March 11, 2004, Decided
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Overview: As the bylaws contained no provision that an amendment deleting the arbitration clause would be effective only as to disputes arising after such amendment, there was no binding agreement to arbitrate the claims in the association's complaint.
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| Harrison v. Pinnacol Assur., Court of Appeals No. 02CA1682,
COURT OF APPEALS OF COLORADO, DIVISION ONE, March 11, 2004, Decided
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Overview: Since the claimant did not bring the apportionment action within two years of the second final admission of liability filed by the insurer in the underlying workers' compensation case, the action was properly dismissed as untimely.
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| Heritage Vill. Owners Ass'n, Inc. v. Golden Heritage Investors, Ltd., Court of Appeals No. 02CA0985,
COURT OF APPEALS OF COLORADO, DIVISION ONE, March 11, 2004, Decided
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Overview: A condominium homeowners' association was properly awarded repair damages instead of diminution in value damages in their construction defects case, where both sides stated or presented to the jury evidence the units were in need of repair.
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| In re Marriage of Chalat, Court of Appeals Nos. 02CA0734 & 02CA2001,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 11, 2004, Decided
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Overview: Father's postsecondary education obligation, arising from a 1984 separation agreement, should have been modified to conform to statutory limits. A 1994 stipulation was made into a court order and used the child support guidelines as the standard.
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| In re Marriage of Roosa, Court of Appeals No. 02CA2533,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 11, 2004, Decided
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Overview: Although a family law magistrate judge had jurisdiction to hear a mother's motion concerning parenting time and child support, an appeal from the decision was remanded because no final order was entered.
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| Native Am. Rights Fund, Inc. v. City of Boulder, Court of Appeals No. 02CA2243,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 11, 2004, Decided
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Overview: City ordinance creating historic district was invalid because it allowed city to enter into privately negotiated contracts with individual property owners and bypass all the substantive and procedural due process requirements of municipal code.
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| People ex rel. D.B-J, Court of Appeals No. 03CA0893,
COURT OF APPEALS OF COLORADO, DIVISION THREE, March 11, 2004, Decided
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Overview: A trial court did not err in rejecting permanent placement as a less drastic alternative and in finding that termination was in the child's best interests. Placement with the child's grandmother was not a viable alternative to termination.
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| People ex rel. D.R.W., Court of Appeals No. 03CA0559,
COURT OF APPEALS OF COLORADO, DIVISION ONE, March 11, 2004, Decided
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Overview: The termination of the father's parent-child relationship with his child was improper, where the trial court failed to conduct a required dispositional hearing after the child was adjudicated dependent and neglected as to the father.
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| People v. Baenziger, Court of Appeals Nos. 01CA2218 & 01CA2219,
COURT OF APPEALS OF COLORADO, DIVISION ONE, March 11, 2004, Decided
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Overview: Jury was properly aware of the standards by which it was to evaluate defendant's guilt. State's expert testimony regarding rape trauma syndrome was properly admitted. Trial court was not biased against defendant as to deprive him of fair trial.
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