Colorado, July, 2003, State Case law

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State Courts - Colorado - July 10 - July 17, 2003

People v. Hohertz, No. 02PDJ071, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, July 10, 2003, Decided
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1745 Wazee, LLC v. Castle Builders, Inc., Court of Appeals Nos. 01CA2560 & 02CA0303, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 17, 2003, Decided
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Overview: In a dispute between the building owner and the builder arising out of a fire that damaged the building, the appellate court refused to vacate the arbitration award based on an exculpatory clause.

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In re Bd. of County Comm'rs , Court of Appeals No. 03CA0074, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 17, 2003, Decided
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Overview: Court reversed, in part, an order releasing, under the Colorado Open Records Act, two county employees' sexually explicit or romantic e-mails that were part of an investigatory report into a sexual harassment/hostile environment complaint.

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In re Marriage of Ferris, Court of Appeals No. 02CA1529, COURT OF APPEALS OF COLORADO, DIVISION THREE, July 17, 2003, Decided
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Overview: The mother's motion to modify parental responsibilities encompassed the parties' decision-making responsibilities, and once decision-making responsibilities were at issue, the family law magistrate lacked jurisdiction to act on the motion.

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Ortiz v. Indus. Claim Appeals Office , Court of Appeals No. 02CA1723, COURT OF APPEALS OF COLORADO, DIVISION FIVE, July 17, 2003, Decided
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Overview: Claimant's appeal of an order of the administrative law judge striking the claimant's request for a workers' compensation division-sponsored independent medical examination was dismissed for lack of jurisdiction.

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Poudre Valley Health Care v. City of Loveland, Court of Appeals No. 02CA0550, COURT OF APPEALS OF COLORADO, DIVISION FOUR, July 17, 2003, Decided
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Overview: A governmental entity had an obligation to pay for outside medical costs incurred in the care and treatment of a pretrial detainee in its custody.

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Roosevelt Tunnel, LLC v. Norton, Court of Appeals No. 02CA1738, COURT OF APPEALS OF COLORADO, DIVISION ONE, July 17, 2003, Decided
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Overview: Since defendants' failure to timely approve or deny corporations' request constituted final agency action, and corporations did not file mandamus action within statutory 30-day period, trial court had no jurisdiction to hear corporations' complaint.

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Smith v. Bd. of Educ. of Sch. Dist. Fremont RE-1, Court of Appeals No. 02CA0552, COURT OF APPEALS OF COLORADO, DIVISION TWO, July 17, 2003, Decided
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Overview: Trial court erred in granting judgments to defendant school district and officials on a clerk's claims of Title VII retaliation for making a sexual harassment complaint, breach of implied contract, and under ? 1983 for union association.

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