Colorado, April, 2002, State Case law

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State Courts - Colorado - April 25, 2002

C Bar H, Inc. v. Bd. of Health, Court of Appeals No. 01CA0909, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 25, 2002, Decided
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Overview: County board of health's decision denying contractor individual sewage disposal system (ISDS) permits was reversed; board's application of zoning regulation criteria to calculate lot size for ISDS purposes was arbitrary and capricious.

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Curragh Queensl. Mining Ltd. v. Dresser Indus., Court of Appeals No. 00CA1049, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 25, 2002, Decided
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Overview: Trial court properly rejected seller's statute of limitations defense; no reasonable factfinder could have found that, under the repair doctrine, buyer's action against seller was untimely.

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Leef v. Burlington Northern & Santa Fe Ry., Court of Appeals No. 01CA0535, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 25, 2002, Decided
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Overview: Attack on train conductor was not reasonably foreseeable and railway did not owe duty to protect him from trespasser. Nothing in record identified junction or train as subject of particular risk that would warrant heightened security measures.

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Martinez v. Weld County Sch. Dist. RE-1, Court of Appeals No. 01CA0699, COURT OF APPEALS OF COLORADO, DIVISION A, April 25, 2002, Decided
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Overview: Trial court properly determined school district waived sovereign immunity where it was negligent by failing to remove or mitigate an accumulation of snow and ice on a school sidewalk where the victim fell attending a public event.

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People v. Ambos, Court of Appeals No. 01CA0414, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 25, 2002, Decided
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Overview: Denial of postconviction motion was affirmed when defendant failed to show a justifiable excuse or excusable neglect for belatedly seeking relief and defendant's newly discovered evidence claim was barred by the statute of limitations.

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People v. Anderson, Court of Appeals No. 00CA01031, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 25, 2002, Decided
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Overview: Court did not err by vacating defendant's insanity plea and entering not guilty plea where defendant's proffered evidence did not establish that he was suffering from mental disease, or that he did not know right from wrong.

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People v. Garcia, Court of Appeals No. 01CA0188, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 25, 2002, Decided
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Overview: Order of restitution for theft and unauthorized use of a financial transaction device was affirmed when the court did not err in imposing a 12-percent interest rate on the order of restitution from the date of the order of conviction.

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People v. J.P.L., Court of Appeals No. 01CA1199, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 25, 2002, Decided
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Overview: After Columbine, adjudication of juvenile delinquency in Colorado for interference with students at educational institution was upheld. Statute prohibited interference by, inter alia, intimidation; thus, it was narrowly tailored and not vague.

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Quintana v. City of Westminster, Court of Appeals No. O1CA0999, COURT OF APPEALS OF COLORADO, DIVISION TWO, April 25, 2002, Decided
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Overview: Trial court properly determined victim's negligence suit against city was barred by governmental immunity as police officer's pursuit of suspect did not endanger life or property while exceeding speed limit and violating pursuit protocol.

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Wisehart v. Zions Bancorporation, Court of Appeals No. 01CA0671, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 25, 2002, Decided
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Overview: Where shareholder sued holding company and officer for fraudulent nondisclosure, denial of the shareholder's motion to amend his complaint was an abuse of discretion, and thus the award of costs to the holding company and officer was not proper.

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