Colorado, April, 2003, State Case law

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State Courts - Colorado - April 24, 2003

Bd. of County Comm'rs v. City & County of Broomfield, Court of Appeals No. 02CA0787, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 24, 2003, Decided
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Overview: City was entitled to collect, retain, and distribute all property taxes on property within its boundaries, including property assessed by the county; voters intended to terminate county's responsibility for providing services for city residents.

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Boulder Country Club v. Boulder County Bd. of Comm'rs, Court of Appeals No. 02CA0837, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 24, 2003, Decided
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Overview: A taxpayer's abatement petition should have been considered on appeal, despite the fact that a previous protest had been filed, because the petition involved an erroneous valuation for assessment and not an overvaluation.

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Freedman v. Campbell (In re Estate of Kiser), No. 02CA0765, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 24, 2003, Decided
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Overview: A deed transferring property to a trust did not comply with the statutory requirements; therefore, the property was transferred to a decedent and her husband as tenants in common. A trust registration statement did not cure the defect.

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Friends of the Black Forest Reg'l Park, Inc. v. Bd. of County Comm'rs, No. 01CA2253, COURT OF APPEALS OF COLORADO, DIVISION THREE, April 24, 2003, Decided
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Overview: Property owners had standing against county and developer to contest validity of easement and that 1921 deed did not create road easement. Property was conveyed pursuant to federal statute and United States Forest Service was not necessary party.

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McManus v. Indus. Claim Appeals Office, Court of Appeals No. 02CA0966, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 24, 2003, Decided
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Overview: Under Smith v. Myron Stratton Home, claimant was successful on his claim for workers' compensation, and, thus, eligible, without more, for an award of a penalty, for the employer's failure to admit or deny liability for the injury.

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People v. Delgado, No. 01CA0807, COURT OF APPEALS OF COLORADO, DIVISION FOUR, April 24, 2003, Decided
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Overview: The trial court did not err by denying defendant's motion to reconsider and reduce his sentence, as his motion was filed late, and the trial court had no discretion to grant him any relief.

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People v. Frazier, Court of Appeals No. 02CA1585, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 24, 2003, Decided
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Overview: Conviction for vehicular homicide did not carry a maximum sentence of one year in jail, despite a session law to the contrary, because the legislature did not intend to modify the penalties imposed.

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People v. Melendez, No. 01CA0888, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 24, 2003, Decided
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Overview: As there was not enough evidence for the trial court to conclude that defendant was responsible for a defense witness's sequestration order violation, the trial court erred in excluding the witness from testifying.

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People v. Novitskiy, No. 01CA1269, COURT OF APPEALS OF COLORADO, DIVISION FIVE, April 24, 2003, Decided
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Overview: Where police officer testified that defendant admitted that he was previously accused of committing act similar to crime with which he was charged, trial court improperly allowed evidence in without finding whether defendant actually committed act.

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People v. Pahlavan, No. 01CA1331, COURT OF APPEALS OF COLORADO, DIVISION ONE, April 24, 2003, Decided
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Overview: Defendant's kidnapping offense had factual basis that involved unlawful sexual behavior. Thus, defendant was subject to discretionary parole rather than mandatory parole on his conviction for kidnapping.

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