Colorado, August, 2003, State Case law

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State Courts - Colorado - August 14, 2003

Babi v. Colo. High Sch. Activities Ass'n, Court of Appeals No. 02CA1189, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 14, 2003, Decided
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Overview: Suspended wrestling coach had property interest in employment, but did not have due process claim against athletic association that was not his employer. Summary judgment for district was not appropriate, as there was dispute as to nature of meeting.

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Burkett v. Amoco Prod. Co., Court of Appeals No. 02CA1104, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 14, 2003, Decided
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Overview: Oil company successfully argued that if it filed an application for a permit to drill, without reaching a surface use agreement, declaratory judgment for family trust (surface owner) would not have resolved any controversy. Thus, relief was denied.

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CF&I Steel, L.P. v. Air Pollution Control Div., Court of Appeals No. 02CA0715, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 14, 2003, Decided
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Overview: Trial court could properly enter a permanent order that was more inclusive than the preliminary order, and its findings of fact regarding the confidentiality of the documents at issue were supported by sufficient evidence in the record.

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Cont'l W. Ins. Co. v. Heritage Estates Mut. Hous. Ass'n, Court of Appeals No. 02CA1111, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 14, 2003, Decided
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Overview: Insured was not entitled to attorney fees following insurer's denial of coverage under a pollution exclusion and the trial court's finding of coverage. A fee provision in the liability coverage did not apply to cleanup costs under property coverage.

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E-470 Pub. Highway Auth. v. Wagner, Court of Appeals No. 02CA0569, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 14, 2003, Decided
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Overview: An award of attorney fees to the property owners in an eminent domain proceeding was proper where the trial court correctly applied the phrase "last written offer" in the relevant statute.

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GF Gaming Corp. v. Hyatt Gaming Mgmt., Inc., Court of Appeals No. 02CA0319, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 14, 2003, Decided
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Overview: Alleged competitive harm from the grant of a gaming license without requiring conformity to historical architecture guidelines did not provide standing to challenge the grant, since the economic interest was not statutorily protected.

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People v. Denton, Court of Appeals No. 01CA2344, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 14, 2003, Decided
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Overview: Evidence supported conviction for vehicle theft, the prosecution was not required to disclose oral statements, and admission of facts concerning a prior conviction was harmless, but multiple convictions based on identical evidence were improper.

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People v. Garcia, Court of Appeals No. 01CA2514, COURT OF APPEALS OF COLORADO, DIVISION FOUR, August 14, 2003, Decided
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Overview: Convictions were reversed and remanded, as the trial court erred in forcing defendant to adopt the unnecessary defense of insanity and in foreclosing the defense of voluntary intoxication based on the condition of hypoglycemia.

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People v. Madden, Court of Appeals No. 02CA0024, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 14, 2003, Decided
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Overview: Where defendant held 14-year-old victim against window of trolley and told her to take off pants, evidence of intimidation as substantial step to inducing victim to perform sex act was sufficient to convict of attempted patronizing prostituted child.

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People v. Paul, Court of Appeals No. 02CA0199, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 14, 2003, Decided
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Overview: Interlocutory order denying defendant's claim of double jeopardy was immediately appealable, but retrial was not barred since defendant did not object to the mistrial which was warranted by defendant's failure timely to provide an expert's report.

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