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| Consumer Crusade, Inc. v. Clarion Mortg. Capital, Inc., Court of Appeals No. 07CA0924,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 16, 2008, Decided
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Overview: Sanctions could be imposed upon plaintiff under Colo. Rev. Stat. ¿ 13-17-102 (2008) despite district court's lack of subject matter jurisdiction to adjudicate underlying merits of action brought under Telephone Consumer Protection Act, 47 U.S.C.S. ¿ 227, because plaintiff's claim was groundless and its conduct was substantially vexatious.
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| Covered Bridge, Inc. v. Town of Vail, Court of Appeals No. 08CA0178,
COURT OF APPEALS OF COLORADO, DIVISION SEVEN, October 16, 2008, Decided
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Overview: Trial court properly upheld town's zoning determination that unit in building was on first floor at street level for zoning classification purposes because the town's interpretation of zoning code to include at "street level" a unit situated within a reasonable height of, and having direct pedestrian access from, the adjacent street was reasonable.
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| DeWitt v. Tara Woods Ltd. P'ship, Court of Appeals No. 06CA2006,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 16, 2008, Decided
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Overview: Although the Premises Liability Act, Colo. Rev. Stat. ¿ 13-21-115, barred common law defenses to stated duties, the statutory defense of comparative negligence under Colo. Rev. Stat. ¿ 13-21-111 was still available to an apartment complex owner in a pedestrian's action for injuries suffered when he slipped on ice at the bottom of a stairway.
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| Gleneagle Civic Ass'n v. Hardin, Court of Appeals No. 07CA1918,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 16, 2008, Decided
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Overview: In action by homeowners association seeking enforcement of covenants, association had standing to enforce the covenants and properly delivered its decision to deny homeowners' plan for construction of a fence within 30 days of when the plan was delivered to the association as required by the covenants.
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| Glenwright v. St. James Place Condo. Ass'n, Court of Appeals No. 07CA0727,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 16, 2008, Decided
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Overview: Management company's records documenting services provided under contract with a condominium association constituted an "other record" under Colo. Rev. Stat. ¿ 38-33.3-317 if the activity of the management company, as the association's agent, reflected the activity of the agent in performing any power or responsibility of the association.
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| Gln Compliance Group, Inc. v. Aviation Manual Solutions, LLC, Court of Appeals No. 07CA1563,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 16, 2008, Decided
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Overview: In a case alleging the misappropriation of trade secrets, a settlement agreement should not have been enforced against a corporation because the elements of Colo. Rev. Stat. ¿ 13-22-208 were not satisfied; moreover, certain evidence was erroneously considered because it constituted mediation communications that were subject to a privilege.
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| People v. Cook, Court of Appeals No. 06CA0478,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 16, 2008, Decided
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Overview: Court plainly erred under Colo. R. Evid. 608(a)(1) by admitting investigating officer's testimony responding to juror's question because question was clearly asking for officer's opinion of children's credibility and officer expressly stated that she though the children were credible or very credible in making their accusations against defendant.
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| People v. Gosselin, Court of Appeals No. 07CA0799,
COURT OF APPEALS OF COLORADO, DIVISION SIX, October 16, 2008, Decided
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Overview: Defendant's statements were voluntary under the Fifth Amendment because the interrogation was not unduly long, the officers made no promises or threats to defendant, there was no display of weapons, no coercive tactics were used, the interrogation was carried out in a conversational tone, and the officers believed defendant was trying to cooperate.
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| People v. Jimenez, Court of Appeals No. 04CA1098,
COURT OF APPEALS OF COLORADO, DIVISION SIX, October 16, 2008, Decided
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Overview: Defendant's arguments under 42 U.S.C.S. ¿ 290dd-2 were rejected because: (1) some of his statements were not records covered by statute; (2) most if not all of statements and documents constituted reports of incident of suspected child abuse; and (3) there was good cause for disclosure and use of records to report incident of suspected child abuse.
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| People v. Tixier, Court of Appeals No. 06CA1534,
COURT OF APPEALS OF COLORADO, DIVISION TWO, October 16, 2008, Decided
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Overview: Trial court did not err in determining that defendant was a sexually violent predator under Colo. Rev. Stat. ¿ 18-3-414.5(1) because he "promoted a relationship" with his stepdaughter by engaging in conduct to isolate her, he took steps to change focus of their relationship, and he engaged in conduct that was progressively more sexually intrusive.
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