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| Barbour v. Hanover Sch. Dist. No. 28, Court of Appeals No. 05CA1573,
COURT OF APPEALS OF COLORADO, DIVISION A, June 1, 2006, Decided
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Overview: Judgment reinstating teacher in probationary status was upheld, where trial court properly found that board's attempt to nonrenew teacher's contract was formal action improperly taken during executive session; thus, it was invalid.
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| Deutsch v. Kalcevic, Court of Appeals No. 06CA0273,
COURT OF APPEALS OF COLORADO, DIVISION A, June 1, 2006, Decided
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Overview: Case was reversed and remanded in part for an election of director for division 3 of the Lost Creek Ground Water Management District, Colorado, because pursuant to Colo. Rev. Stat. § 1-12-207, the appointed candidate was appointed in 2004 and the District's next regular elections were scheduled for February 2006.
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| In re Marriage of Dauwe, Court of Appeals No. 04CA2379,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, June 1, 2006, Decided
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Overview: In a custody proceeding, a trial court erred by allowing a parenting coordinator to have arbitration powers because this exceeded the authority granted under Colo. Rev. Stat. § 14-10-128.1(3) (2005); on remand, the trial court was instructed to delete this sentence from the order and replace it with one not allowing such.
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| Jefferson County Bd. of County Comm'rs v. S.T. Spano Greenhouses, Inc., Court of Appeals No. 05CA0300,
COURT OF APPEALS OF COLORADO, DIVISION THREE, June 1, 2006, Decided
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Overview: Colorado State Board of Assessment Appeals (BAA) erred when it determined the value of 3.97 acres of land, greenhouses, and support buildings for tax purposes because the property was "other agricultural property," as that term was defined in Colo. Rev. Stat. § 39-1-102(1.6)(b) (2005), but the BAA valued it as agricultural land.
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| Martinez v. Archuleta-Padia, Court of Appeals No.: 04CA2082,
COURT OF APPEALS OF COLORADO, DIVISION TWO, June 1, 2006, Decided
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Overview: Dismissal of a claimant's action was reversed and remanded because the claimant was in possession of real property under an assertion of ownership derived from a contract to purchase the land, and those in actual possession of real estate were never barred by any statute of limitation from seeking to quiet their title.
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| People ex rel. C.T.S., Court of Appeals No. 06CA0072,
COURT OF APPEALS OF COLORADO, DIVISION THREE, June 1, 2006, Decided
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Overview: Termination of parental rights was affirmed because the parents' history of domestic violence, together with the mother's inability to separate from the father, prevented the mother from keeping the children safe and rendered her unfit.
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| People v. Jones, Court of Appeals No.: 04CA0492,
COURT OF APPEALS OF COLORADO, DIVISION TWO, June 1, 2006, Decided
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Overview: A Colorado trial court had personal jurisdiction under Colo. Rev. Stat. § 18-1-201 (2005) over defendant for crimes committed inside of Colorado because 8 U.S.C.S. § 1481 did not immunize expatriated defendants from criminal charges.
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| People v. Wenzinger, Court of Appeals No. 04CA2322,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, June 1, 2006, Decided
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Overview: Defendant who pled guilty to harassment by stalking was not entitled to relief under Colo. R. Crim. P. 35, based on claim that her sentence violated Blakely v. Washington, because Blakely was a new rule of criminal procedure that did not apply retroactively to cases on collateral review, and her conviction became final before Blakely was decided.
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| Salazar v. State Farm Mut. Auto. Ins. Co., Court of Appeals No.: 04CA2557,
COURT OF APPEALS OF COLORADO, DIVISION THREE, June 1, 2006, Decided
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Overview: In a case in which insured alleged that insurer's evaluation of her UIM claim constituted bad faith breach of contract, insured's bad faith claims were barred by res judicata. Insured's bad faith claims and UIM benefits claim arose out of same transaction, sought redress for essentially same basic wrong, and rested upon a similar factual basis.
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| Sears Roebuck & Co. v. Indus. Claim Appeals Office , Court of Appeals No.: 05CA1722,
COURT OF APPEALS OF COLORADO, DIVISION TWO, June 1, 2006, Decided
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Overview: The phrase "similar or lesser insurance" in Colo. Rev. Stat. § 8-40-201(19)(b) was not limited to policies issued by an insurer underwriting an employer's original group policy; therefore, the cost of continuing health coverage was properly included in an employee's average weekly wage in a workers' compensation case.
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