Colorado, March, 2009, State Case law

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State Courts - Colorado - March 16, 2009

Copper Mt., Inc. v. Indus. Sys., Case No. 08SC28, SUPREME COURT OF COLORADO, March 16, 2009, Decided
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Overview: Where a fire damaged a ski lodge during renovation, the waiver of subrogation clause in the contract between the general contractor and the lodge did not bar the resort's claims against the contractors for damage to property that was not part of the contractual work even though the damaged property was insured under a policy covering the work.

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Krueger v. Ary, Case No. 08SC63, SUPREME COURT OF COLORADO, March 16, 2009, Decided
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Overview: A finding in favor of the decedent's caretaker in the decedent's daughter's action seeking to void the decedent's monetary and real property conveyances to the caretaker was proper, in part because the rebuttable presumptions of undue influence and unfairness did not continue in a case after they were sufficiently rebutted.

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Mesa County Bd. of County Comm'rs v. State, Case No. 08SA216, SUPREME COURT OF COLORADO, March 16, 2009, Decided
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Overview: In enacting SB 07-199, the legislature was acting within constitutional limits when it amended the Colorado School Finance Act. Colo. Const. art. X, ? 20(4)(a), did not require a second election, at either the local or state level, for legislation directing how revenue received as a result of a waiver election should be used.

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