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   State Courts - Colorado - August 2, 2001

  
Bd. of County Comm'rs v. Gartrell Inv. Co., LLC, Court of Appeals No. 00CA0822, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 2, 2001, Decided
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Overview: Because county's regulation concerning annexation exceeded the scope of statutory provisions, the regulation could not stand and the developer could have its property annexed to the city without first obtaining a permit from the board.

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Debalco Enters. v. Indus. Claim Appeals Office, Court of Appeals No. 01CA0113, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 2, 2001, Decided
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Overview: Industrial Claim Appeals Office of the State of Colorado properly upheld hearing officer's decision that employee was entitled to benefits attributable to his employment because they had jurisdiction, and decision was limited to entitlement.

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Hansel-Henderson v. Mullens, Court of Appeals No. 00CA0915, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 2, 2001, Decided
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Overview: Contingent fee agreement failed as it was not in writing as required. Attorney could not recover under quantum meruit, there was no evidence he gave notice to client that he could seek alternative recovery.

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In re Marriage of Morris, Court of Appeals No. 00CA1696, COURT OF APPEALS OF COLORADO, DIVISION A, August 2, 2001, Decided
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Overview: Order enforcing judgment for child support arrearages was proper as Colorado's statute of limitations governed enforcement, as choice of law provision operated reciprocally, and Texas recognized law of state with longer statute of limitations.

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Littlefield v. Bamberger, Court of Appeals No. 99CA1780, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 2, 2001, Decided
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Overview: Trespassers failed to prove that owners were on inquiry notice that strip was part of a county road. Evidence did not prove that strip became a public road through adverse use. Attorney fees could not be awarded as exemplary damages.

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People ex rel. Cerda v. Walker, Court of Appeals No. 00CA1175, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 2, 2001, Decided
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Overview: Evidence was undisputed that father was voluntary underemployed and unreasonably reduced support available to child; thus, appellate court would not overturn trial court's refusal to modify father's child support obligation.

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People v. Elder, Court of Appeals No. 00CA0241, COURT OF APPEALS OF COLORADO, DIVISION FIVE, August 2, 2001, Decided
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Overview: The record fully supported the trial court's determination that defendant violated his probation conditions. The transcript and the record of the proceedings clearly set forth the trial court's consideration of the evidence.

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People v. Hiroatsu Nishikawa, Court of Appeals No. 00CA1083, COURT OF APPEALS OF COLORADO, DIVISION THREE, August 2, 2001, Decided
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Overview: Trial court's continuing bond posted on drug charges after allowing filing of an additional felony charge in same case without surety's knowledge and consent did not terminate surety's obligations on the bond.

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People v. Reed, Court of Appeals No. 00CA0588, COURT OF APPEALS OF COLORADO, DIVISION TWO, August 2, 2001, Decided
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Overview: Sentence imposed upon revocation of sentence to probation was upheld because there was no: (1) violation of prohibition against double jeopardy; and (2) constitutional error in court's consideration of effect of presentence confinement credit.

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People v. Rodriguez, Court of Appeals No. 00CA1004, COURT OF APPEALS OF COLORADO, DIVISION ONE, August 2, 2001, Decided
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Overview: Appropriate remedy for insufficient record was to remand back to trial court for determination whether it was possible to reconstruct a record. Information alleging criminal trespass was not defective as intent was not element of statute.

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