Colorado, May, 2006, State Case law

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State Courts - Colorado - May 4, 2006

Aragon v. Dep't of Corr. San Carlos Corr. Facility, Court of Appeals No.: 04CA2521, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 4, 2006, Decided
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Overview: The Colorado State Personnel Board did not err in denying a state employee's request for judgment against the Colorado Department of Corrections (DOC) because the request was rendered moot after the DOC rescinded the disciplinary action. At that time, the DOC lost its authority to impose any sanctions against the employee.

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Archuleta v. Gomez, Court of Appeals No. 04CA2231, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 4, 2006, Decided
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Overview: In a dispute over water rights, a defense of adverse possession seeking a termination of rights and award to another party should not have been decided by a district court because water courts had exclusive jurisdiction to decide such issues under Colo. Rev. Stat. ? 37-92-203(1) (2005).

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Canyon Area Residents for the Env't v. Bd. of County Comm'rs, Court of Appeals No.: 04CA0810, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 4, 2006, Decided
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Overview: Approval of revised zoning application was reversed and remanded because the Jefferson County Board of Commissioners abused its discretion by permitting the applicants to change their proposal after the public testimony was closed without giving the public an adequate opportunity to be heard.

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Ceja v. Lemire, Court of Appeals No.: 05CA0335, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 4, 2006, Decided
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Overview: Where a county employee caused an automobile accident while using his own vehicle for county business, the county's immunity from suit was not waived under the Colorado Governmental Immunity Act since the county's reimbursement for the employee's use of the vehicle did not constitute a lease, and the county's immunity extended to the employee.

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DOT v. First Place, LLC, Court of Appeals No.: 04CA2263, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 4, 2006, Decided
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Overview: Trial court's judgment awarding a landowner damages for property taken to expand a state highway was reversed where the deeds and city resolutions regarding the property manifested an unequivocal intent to make the state a cograntee of the right-of-way easements and the right-of-way was not limited to only the portion that was originally paved.

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Estate of Harper v. Denver Health & Hosp. Auth., Court of Appeals No.: 04CA2398, COURT OF APPEALS OF COLORADO, DIVISION TWO, May 4, 2006, Decided
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Overview: Dismissal of a vicarious liability wrongful death claim against a hospital authority was upheld on review because the Colorado Health Authority Act, Colo. Rev. Stat. ? 25-29-101 et seq., did not create a statutory exception to the corporate practice of medicine doctrine. The authority had no ability to control the medical judgment of its employees.

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Gallegos v. Garcia, Court of Appeals No.: 05CA0510, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 4, 2006, Decided
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Overview: At a prison inmate's disciplinary hearing, because the hearing officer did not make the necessary findings required by the department of corrections regulations with regard to whether the inmate knowingly and voluntarily waived his right to remain silent, his conviction was reversed and remanded; a tape recording of the hearing was insufficient.

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Jaynes v. Centura Health Corp., Court of Appeals No.: 04CA2084, COURT OF APPEALS OF COLORADO, DIVISION FIVE, May 4, 2006, Decided
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Overview: Although a nurse argued that her termination violated public policy arising from Colorado's quality management functions (QM) statute, Colo. Rev. Stat. ? 25-3-109, the QM statute, as a matter of law, did not support a public policy wrongful death claim.

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Patterson v. BP Am. Prod. Co., Court of Appeals No.: 04CA2344, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 4, 2006, Decided
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Overview: Trial court erred in granting an oil company summary judgment on a claim that it had underpaid royalties on oil and gas leases where Colo. Rev. Stat. ? 13-80-108(6) was the applicable accrual provision and the company had not provided the owners with actual notice that it was using a netback methodology to calculate royalties.

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People v. Bostic, Court of Appeals No. 03CA2114, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 4, 2006, Decided
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Overview: Defendant's conviction was affirmed where a trial court's finding that she consented to police officer's entry into her motel room and seizure of drugs in plain view did not violate the Fourth Amendment, and mere dissatisfaction with counsel's recommended plea bargain did not result in an effective assistance violation.

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