Colorado, March, 2007, State Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

State Courts - Colorado - March 22, 2007

Avalanche Indus., Inc. v. Indus. Claim Appeals Office, Court of Appeals No. 06CA0716, COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 22, 2007, Decided
View this case - free

Overview: ALJ did not abuse his discretion in determining that a workers' compensation claimant's average weekly wage should be calculated based upon her wages nearly five years after she initially sustained her injury because the calculation was a fair approximation of claimant's wage loss.

Search Cases for Free

Barber v. Ritter, Court of Appeals No. 05CA0752, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 22, 2007, Decided
View this case - free

Overview: Although a trial court erred in holding that the taxpayers lacked standing to challenge the constitutionality of certain cash fund transfers, most of the transfers did not violate Colo. Const. art. X, ? 20, and art. XI, ?? 3 and 4, as the special funds were not changed into tax funds and the transfers at issue did not create debt.

Search Cases for Free

Benzing v. Farmers Ins. Exch., Court of Appeals No. 05CA1633, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 22, 2007, Decided
View this case - free

Overview: In a dispute pertaining to the purchase of uninsured motorist and underinsured motorist coverage, trial court abused its discretion in decertifying a class, pursuant to Colo. R. Civ. P. 23, because insurers could have made argument that insureds received meaningful benefit from additional coverage earlier, but failed to do so.

Search Cases for Free

City Council v. S. Suburban Park & Rec. Dist., Court of Appeals No. 05CA0292, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 22, 2007, Decided
View this case - free

Overview: Where a city sought exclusion of property from a special district under Colo. Rev. Stat. ? 32-1-502 and a trial court ordered the exclusion, remand was warranted because the trial court erred in finding that to be "fair and equitable" under ? 32-1-502 it had to require the city to reimburse the district for the fair market value of the facilities.

Search Cases for Free

Colo. Mining Ass'n v. Bd. of County Comm'rs, Court of Appeals No. 05CA1996, COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 22, 2007, Decided
View this case - free

Overview: Colorado Mined Land Reclamation Act (MLRA) expressly preempted a county regulation describing designated chemicals performance standards because it set reclamation standards different from those established in the MLRA; however, a county regulation's ban on cyanide was not expressly preempted, because it was not a reclamation standard.

Search Cases for Free

Cowger v. Henderson Heavy Haul Trucking, Inc., Court of Appeals No. 05CA0416, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 22, 2007, Decided
View this case - free

Overview: Subcontractor's employee's injury did not arise from the use of the subcontractor's crane; it arose from the contractor's request that he lift a power line. Thus, there was a genuine issue of material fact whether the contractor was a statutory employer under Colo. Rev. Stat. ? 8-41-401(2) when the employee was injured.

Search Cases for Free

In re Adoption of K.L.L., Court of Appeals No. 06CA1884, COURT OF APPEALS OF COLORADO, DIVISION A, March 22, 2007, Decided
View this case - free

Overview: Petitioners did not have standing to seek custodial adoption of a child as the child's legal custodians under Colo. Rev. Stat. ? 19-5-203(1)(k) because, although they had had physical custody of the child for more than one year, there had been no court action divesting the parents of legal custody.

Search Cases for Free

Isis Litig., L.L.C. v. Svensk Filmindustri, Court of Appeals No. 04CA1619, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 22, 2007, Decided
View this case - free

Overview: Post-judgment interrogatories issued pursuant to Colo. R. Civ. P. 69(d)(1), 45(f) constituted process, and the discharge of a show cause order was reversed because, when service on a corporation's registered agent was not achieved, service on a secretary of state, as approved by the state's court, was proper and constituted personal service.

Search Cases for Free

JJR 1, LLC v. Mt. Crested Butte, Court of Appeals No. 05CA2553, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 22, 2007, Announced
View this case - free

Overview: Because the town zoning code did not create a constitutionally recognized property interest in the preservation of scenic views, the owners also did not have a protected property interest in notice of and participation in a design review. Thus, their 42 U.S.C.S. ? 1983 claims for declaratory relief under Colo. R. Civ. P. 57 were properly dismissed.

Search Cases for Free

Morales v. CAMB, Court of Appeals No. 05CA1392, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 22, 2007, Decided
View this case - free

Overview: Where monuments marking the boundary between two lots were inconsistent with at least one distance call shown on the subdivision plat, a neighbor was entitled to summary judgment because, under Colo. Rev. Stat. ? 38-51-105, the monuments controlled the location of the boundary line and superseded any inconsistent boundary line on the plat.

Search Cases for Free

Communities Portal