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   State Courts - Colorado - September 18, 2000

  
Board of County Comm'rs v. County Rd. Users Ass'n, No. 99SC489, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: Association and individuals were not entitled to compel county government to submit an initiative proposal regarding a sales tax to the electorate, because county had a duty to review initiatives for procedural compliance.

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City of Colorado Springs v. Securcare Self Storage, Inc., No. 99SC200, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: The plain language of petitioners' zoning ordinance was not capricious and arbitrary, and allowed the zoning authorities to review and deny a permitted use as it was defined and treated in the zoning ordinance.

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Grynberg v. Agri Tech, Inc., No. 99SC399, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: Investors were barred from bringing negligence claim against corporations based upon economic loss because corporations' duty of care was created through contract between the parties; no independent duty of care existed under tort law.

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Keller v. People, No. 99SC270, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: Because the plea agreement between the parties did not prohibit the petitioner from seeking a reduction in sentence under state statute, the court-ordered reduction of the sentence was not a breach of the plea agreement.

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L. L. v. People (In re R. W.), No. 99SC799, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: Custody order in dependency and neglect case, based on preponderance of evidence, did not fully terminate mother's parental rights, so did not violate due process; clear and convincing standard only applied to permanent termination.

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People v. Antonio-Antimo, No. 99SC384, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: Where a legal plea bargain was enforced by means of an illegal sentence, the proper remedy was to modify the illegal sentence but permit the valid and enforceable plea agreement to stand.

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People v. Banks, No. 99SC225, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: Trial court improperly applied the extraordinary risk sentencing provision because respondent was not charged with a crime of violence involving serious bodily injury or death, or using, or possessing and threatening to use, a deadly weapon.

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People v. Johnson, No. 99SC780, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: Defendant's second sentence of six years' incarceration did not violate his original plea agreement not to exceed six years because the mandatory probation period was separate and distinct from the sentence imposed by the trial court.

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Ryals v. St. Mary-Corwin Regional Med. Ctr., No. 99SC137, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: Neurologist denied privileges to read MRI images by hospital because of its exclusive contract with radiologists was not denied access to the courts in his antitrust, contract, and tort action; hospital denial was not based on peer review.

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Town of Alma v. Azco Construction, Inc., No. 99SC424, SUPREME COURT OF COLORADO, September 18, 2000, Decided
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Overview: Economic loss rule barred town from recovering from company for leaks in a water distribution system, installed by company, where town failed to demonstrate company breached a duty independent of its contractual obligations.

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