Colorado, March, 2003, State Case law

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State Courts - Colorado - March 27, 2003

Abrahamson v. City of Montrose, Court of Appeals No. 02CA0649, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 27, 2003, Decided
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Overview: Dismissal of the property owner's suit against the City of Montrose was affirmed, where the owner failed to give notice to the City within 180 days of discovering the alleged injury, as provided by the Colorado Governmental Immunity Act.

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Black v. Waterman, Court of Appeals No. 02CA0172, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 27, 2003, Decided
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Overview: The trial court had to reconsider not awarding back and front pay to the employee as it was potentially necessary in making a discrimination victim whole. The verdict of no compensatory damages was not grossly or manifestly inadequate.

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Canterbury v. Kovacich, Court of Appeals No. 02CA0197, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 27, 2003, Decided
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Overview: A finding against the decedent's personal representative was proper, where a joint tenant could not terminate a joint tenancy by simply signing a deed that purported to convey title to that individual as a tenant in common.

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Colo. Common Cause v. Coffman, Court of Appeals No. 01CA1709, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 27, 2003, Decided
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Overview: A state treasurer violated a statute under the Fair Campaign Practices Act when he expended more than $ 50 of public funds in issuing press releases that urged voters to defeat an amendment.

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Eason v. Bd. of County Comm'rs of Boulder, Court of Appeals No. 01CA0631, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 27, 2003, Decided
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Overview: Summary judgment was properly granted in favor of the owner where due process required a pre-deprivation hearing before the county could change the owner's legal use to an illegal one. The deprivation could not be justified as a matter of law.

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In re Marriage of McCaulley-Elfert, Court of Appeals No. 01CA0767, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 27, 2003, Decided
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Overview: The trial court was free to credit the wife's testimony that her daughter was sexually abused over the husband's denials in determining that abuse had occurred, concerning allocation of parental responsibility for the parties' son.

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Interbank Invs. v. Eagle River Water & Sanitation Dist., Court of Appeals No. 02CA0556, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 27, 2003, Decided
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Overview: Where investment company, as successor to developer, sued water district for unjust enrichment, preceding express contracts precluded quasi-contract on same subject, although only nominal damages were available under express contracts.

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Kohn v. Burlington N. & Santa Fe R.R., Court of Appeals No. 00CA2305, COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 27, 2003, Decided
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Overview: Federal Railroad Administration's order concerning railroad safety did not preempt state law negligence claims based on lack of walkways over railroad bridges. Evidence about lack of a walkway in aid of switchman's claim under FELA was allowed.

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Lang v. Bank of Durango, Court of Appeals No. 02CA0701, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 27, 2003, Decided
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Overview: The lenders' claims against the bank and its officer were properly dismissed where the credit agreement statute of frauds barred the lenders' claims.

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Pearson v. Kancilia, Court of Appeals No. 01CA1747, COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 27, 2003, Decided
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Overview: Judgment entered in favor of plaintiffs on claims of outrageous conduct against a chiropractor was affirmed. Evidence was sufficient to sustain the jury's verdicts. Evidence was also sufficient to support a plaintiff's invasion of privacy claim.

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