Colorado, October, 2009, State Case law

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State Courts - Colorado - October 19, 2009

In re Rules Governing New Withdrawals of Ground Water v. Appellees: Rio Grande Water Conservation Dist., Case No. 08SA312, SUPREME COURT OF COLORADO, October 19, 2009, Decided
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Overview: In water dispute, water court did not abuse discretion in awarding costs to state engineer and proponents in proceedings that occurred under Colo. Rev. Stat. ? 37-92-501(3)(a), because the proceedings were sufficiently trial-like to provide the water court with discretion, pursuant to Colo. R. Civ. P. 54(d), to award costs to prevailing parties.

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Lobato v. State, Case No. 08SC185, SUPREME COURT OF COLORADO, October 19, 2009, Decided
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Overview: Plaintiffs were entitled to the opportunity to prove their allegations that Colorado's public school system violated the mandate set forth in Colo. Const. art. IX, ? 2, that the legislature provide a "thorough and uniform" system of public education throughout the state.

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Schultz v. Sutherland, Case No. 08SC587, SUPREME COURT OF COLORADO, October 19, 2009, Decided
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Overview: In a personal injury suit, remedial revival statute, Colo. Rev. Stat. ? 13-80-111(1), did not apply because the case could not have been dismissed for lack of jurisdiction. Moreover, the trial court properly ruled that the matter was barred by the statute of limitations because amended complaints did not relate back pursuant to Colo. R. Civ. P. 15.

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