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   State Courts - Colorado - March 16, 2000

  
Ajay Sports, Inc. v. Casazza, No. 98CA1010, COURT OF APPEALS OF COLORADO, DIVISION FOUR, March 16, 2000, Decided
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Overview: Evidence supported jury award of compensatory and exemplary against director of insolvent corporation making him personally liable to creditor for wrongful distribution of assets.

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Arenas v. Industrial Claim Appeals Office, No. 99CA1067, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 16, 2000, Decided
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Overview: Imposition of 50 percent intoxication penalty to claimant's workers' compensation award was proper, because ALJ decision was supported by substantial evidence that claimant was intoxicated at the time of the accident.

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Bebo Constr. Co. v. Mattox & O'Brien, P.C., No. 96CA2179, COURT OF APPEALS OF COLORADO, DIVISION ONE, March 16, 2000, Decided
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Overview: Construction consulting firm could not rely upon the Colorado Rules of Professional Conduct, which prohibited joint venture between it and defendant law firm, to shield itself from liability to plaintiff.

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Besch v. Jefferson County Bd. of County Comm'rs, No. 99CA0246, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 16, 2000, Decided
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Overview: Rancher's use of petitioners' land for grazing without their knowledge did not entitle them to agricultural classification for tax purposes. "Trespass grazing" did not meet the statutory requirements for that classification.

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Cruz v. Farmers Ins. Exch., No. 99CA0716, COURT OF APPEALS OF COLORADO, DIVISION FIVE, March 16, 2000, Decided
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Overview: Summary judgment was upheld because the policy excluded coverage for the regular use of another vehicle and the regular use exclusion in the uninsured motorist coverage of plaintiff's policy did not offend public policy.

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Harrison v. Wilson, No. 99CA0608, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 16, 2000, Decided
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Overview: In appeal from prison disciplinary matter, plaintiff's complaint was timely filed within 30 days of the prison disciplinary action, so the district court erred in dismissing the complaint as untimely.

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Holiday Acres Prop. Owners Ass'n, Inc. v. Wise, No. 99CA0044, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 16, 2000, Decided
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Overview: Plaintiff association unreasonably delayed seeking an injunction to enforce its remedy against defendant property owners; plaintiff was aware of variances in the application of restrictive covenants.

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McIntosh v. Board of Educ., No. 98CA2263, COURT OF APPEALS OF COLORADO, DIVISION TWO, March 16, 2000, Decided
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Overview: Statute prohibiting school board from not renewing teacher's contract if he acted in compliance with board's discipline policy created exception to statute affording board discretion not to renew contract "for any reason."

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People v. Duncan, No. 98CA2305, COURT OF APPEALS OF COLORADO, DIVISION THREE, March 16, 2000, Decided
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Overview: Defendant's conviction was vacated and the cause was remanded with instructions to dismiss the charges against the defendant with prejudice because defendant's statutory speedy trial rights were violated.

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People v. Landis, No. 98CA1550, COURT OF APPEALS OF COLORADO, DIVISION A, March 16, 2000, Decided
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Overview: Motion for review of habitual offender conviction was untimely; recent decree declaring prior conviction was for misdemeanor not felony was late due to defendant's delay and no justifiable excuse or excusable neglect existed.

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