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| Brush Grocery Kart v. Sure Fine Mkt., Inc., Court of Appeals No. 00CA0711,
COURT OF APPEALS OF COLORADO, DIVISION THREE, March 1, 2001, Decided
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Overview: Judgment for defendant was affirmed, as risk of loss for damage to real property occurring between signing of lease option and transfer of title fell on plaintiff buyer under doctrine of equitable conversion.
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| Colo. Dept of Revenue v. City of Aurora, Court of Appeals No. 00CA0535,
COURT OF APPEALS OF COLORADO, DIVISION TWO, March 1, 2001, Decided
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Overview: Appellee was acting in its proprietary capacity when it rented golf carts to customers at a city golf course, and whether the tax was called a sales tax or a use tax, appellee was liable for its payment.
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| Curtis v. Counce, Court of Appeals No. 99CA1958,
COURT OF APPEALS OF COLORADO, DIVISION ONE, March 1, 2001, Decided
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Overview: Daughter's cause of action accrued the day she learned that her mother had cashed a winning lottery ticket. The action was brought nearly six years after that date; thus it was barred by three-year statute of limitations.
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| Mabry v. Tom Stanger & Co., Court of Appeals No. 99CA1778,
COURT OF APPEALS OF COLORADO, DIVISION THREE, March 1, 2001, Decided
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Overview: Appellant broker's breach of a fiduciary duty to appellee sellers resulted in a forfeiture of the broker's entitlement to a commission, even where appellee sellers did not suffer any demonstrable harm as a result of the breach.
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| Padre Resort, Inc. v. Jefferson County Bd. of Equalization, Court of Appeals No. 00CA0755,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 1, 2001, Decided
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Overview: A valuation decision of a hotel property was affirmed. The assessment had properly excluded economic conditions, which were outside the base period even though the plans for development of additional hotel rooms was known.
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| People v. Borghesi, Court of Appeals No. 99CA1358,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 1, 2001, Decided
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Overview: Where defendant was convicted of three counts of aggravated robbery, evidence supported conviction for second robbery, but first information with two counts of robbery was multiplicitous and unconstitutional.
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| People v. Boyd, Court of Appeals No. 99CA2349,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 1, 2001, Decided
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Overview: Trial court properly sentenced defendant, who pled guilty to aggravated robbery with a simulated weapon and theft, to five years of mandatory parole. Mandatory parole statute was not unconstitutionally overbroad.
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| People v. Martinez, Court of Appeals No. 99CA2524,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 1, 2001, Decided
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Overview: Where defendant pleaded guilty to second degree murder committed in the heat of passion, court did not err in finding that the offense was a crime of violence and in imposing 25 year sentence, which was within the guidelines.
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| People v. Pineda-Eriza, Court of Appeals No. 98CA0721,
COURT OF APPEALS OF COLORADO, DIVISION THREE, March 1, 2001, Decided
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Overview: Defendant not entitled to the ameliorative effects of amendatory legislation that reduced the minimum sentence required under the sentencing guidelines, as legislature did not indicate its intent to require retroactive application thereof.
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| Razi v. Schmitt, Court of Appeals No. 00CA0031,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 1, 2001, Decided
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Overview: Court applied incorrect measure of civil damages when it awarded compensatory damages based on the cost to reconstruct building damaged by arson, rather than the diminution in market value of the existing building.
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