Colorado, August, 2008, State Case law

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State Courts - Colorado - August 7, 2008

Bd. of County Comm'rs v. Vandemoer, Court of Appeals No. 07CA1011, COURT OF APPEALS OF COLORADO, DIVISION SIX, August 7, 2008, Decided
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Overview: Despite a county's broad authority over its roads, a resolution prohibiting the movement of agricultural sprinkler systems across roads was invalid because it conflicted with a strong state interest in promoting agriculture and husbandry. Also, movement of the sprinkler was not a nuisance.

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Brody v. State Farm Mut. Auto. Ins. Co., Court of Appeals Nos. 07CA0940 & 07CA1512, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 7, 2008, Decided
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Overview: Following a jury verdict against an insurer for breach of contract, attorney fees were properly awarded to an insured in the amount of her contingent fee agreement because the unambiguous language of ? 10-4-708(1.7)(c)(III) of the repealed Colorado Auto Accident Reparations Act mandated only an award of actual, reasonable attorney fees.

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Chandler-Mcphail v. Duffey, Court of Appeals No. 07CA1670, COURT OF APPEALS OF COLORADO, DIVISION SIX, August 7, 2008, Decided
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Overview: In a medical malpractice case, a doctor was improperly awarded costs under Colo. R. Civ. P. 54 and Colo. Rev. Stat. ? 13-16-105 because he was a third-party beneficiary of an insurance contract due to his role as an affiliated physician; the contract altered the Colorado rule allowing prevailing parties to recover costs from their opponents.

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Clubhouse at Fairway Pines v. Fairway Pines Estates Owners Ass'n, Court of Appeals No. 07CA1368, COURT OF APPEALS OF COLORADO, DIVISION A, August 7, 2008, Decided
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Overview: Homeowners affected by a trial court's determination that a homeowner's association owed dues to the owner and operator of a golf club in the community were indispensable parties to the action under Colo. R. Civ. P. 19(a), and indispensability was not waived by failure to raise it until the case was on appeal.

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In re Marriage of Roberts, Court of Appeals No. 07CA0903, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 7, 2008, Decided
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Overview: A rule change under Colo. R. Civ. P. 16.2(e)(10), which gave a greater remedy to a wife challenging her husband's alleged non-disclosure of assets before a separation agreement, was not unconstitutionally retrospective under Colo. Const. art. II, ? 11, simply because it expanded the remedy afforded to the wife.

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In re Marriage of Schelp, Court of Appeals No. 06CA0424, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 7, 2008, Decided
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Overview: In a nonjury action, the factual findings of a special master that a husband did not disclose a portion of his retirement pension in a marital dissolution and that such non-disclosure materially affected the division of assets were not clearly erroneous and were accepted by an appellate court pursuant to Colo. R. Civ. P. 53(e)(2).

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Murphy v. Licht (In re Estate of Murphy), Court of Appeals No. 07CA0901, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 7, 2008, Decided
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Overview: Dismissal for lack of subject matter jurisdiction of a claimant's petition seeking a determination of her interest in real property was improper because the issue as to whether the claimant was a cotenant with the decedent was a matter over which Colo. Rev. Stat. ? 13-9-103(1)(h) expressly gave the probate court jurisdiction.

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People v. Prescott, Court of Appeals No. 05CA1380, COURT OF APPEALS OF COLORADO, DIVISION SIX, August 7, 2008, Decided
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Overview: Evidence seized from hotel room had to be suppressed under U.S. Const. amend. IV and Colo. Const. art. II, ? 7 because defendant's conduct in asking officer for help getting his money back from a woman who answered door did not constitute implied consent where officer entered hotel room without permission before beginning a dialogue with defendant.

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Precious Offerings Mineral Exch., Inc. v. McLain, Court of Appeals No. 07CA1264, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 7, 2008, Decided
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Overview: A finding in favor of the property owner was appropriate because an owner of unpatented mining claims did not have standing to bring an action to condemn an easement of necessity. Further, the owner of unpatented mining claims did not establish an easement by implication.

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