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| Bd. of County Comm'rs v. Colo. Oil & Gas Conservation Comm'n, Court of Appeals No. 02CA1879,
COURT OF APPEALS OF COLORADO, DIVISION TWO, September 25, 2003, Decided
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Overview: County boards had standing to challenge a state agency rule requiring that a permit-to-drill was binding with respect to any conflicting local government land use approval process as they had asserted an injury in fact; rule was declared void.
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| Double Oak Constr., L.L.C. v. Cornerstone Dev. Int'l, L.L.C., Court of Appeals No. 02CA1162,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 25, 2003, Decided
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Overview: Trial court did not err in finding in favor of construction company on claim for civil conspiracy where fraudulent transfers were wrongful acts that supported conspiracy claim. Award of exemplary damages and attorney fees as damages was proper.
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| In re Black Forest Fire/Rescue Prot. Dist., Court of Appeals No. 02CA1718,
COURT OF APPEALS OF COLORADO, DIVISION THREE, September 25, 2003, Decided
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Overview: Calculation of the share of a special district's indebtedness to be paid by landowners was improper; excluded territory was to be valued and assessed in the same manner, and subject to the same mill levy, as all other property within the district.
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| Jensen v. Runta, Court of Appeals No. 03CA0611,
COURT OF APPEALS OF COLORADO, DIVISION A, September 25, 2003, Decided
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Overview: Owners' omnibus motion tolled the time for filing an appeal, in part, such that the notice of appeal was timely as to this order; motion requesting reconsideration of the trial court's post-trial ruling on attorney fees was proper.
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| Midboe v. Indus. Claim Appeals Office, Court of Appeals No. 03CA0159,
COURT OF APPEALS OF COLORADO, DIVISION ONE, September 25, 2003, Decided
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Overview: Appellate court affirmed an order finding that the average weekly wage (AWW) of claimant did not include his insurance cost; AWW included cost of health insurance only when it was continued at claimant's own cost pursuant to COBRA or state statute.
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| Patzer v. City of Loveland, Court of Appeals No. 02CA1359,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 25, 2003, Decided
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Overview: A city's building permit created no contractual obligation to issue a certificate of occupancy, so a contractor's breach of contract and promissory estoppel claims against city for not issuing certificate were barred by governmental immunity statute.
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| People v. Cunefare, Court of Appeals No. 01CA0584,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 25, 2003, Decided
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Overview: In matter arising out of assault complaint, defendant's convictions for tampering with a witness and forgery concerning recanting letters sent to district attorney were reversed. Letter was not testimony, and false letter did not constitute forgery.
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| People v. Lee, Court of Appeals No. 01CA2165,
COURT OF APPEALS OF COLORADO, DIVISION THREE, September 25, 2003, Decided
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Overview: There was no error in denying defendant's motion to suppress wiretaps of his phone calls from jail, as defendant had no reasonable expectation of privacy; also, prospective juror who could not read or write English was properly disqualified.
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| People v. Robson, Court of Appeals No. 02CA1435,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 25, 2003, Decided
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Overview: A trial court did not err by granting defendant's motion to dismiss sexual assault charges because the prosecution's evidence, independent of defendant's confessions, established only that defendant had an opportunity to commit the charged crimes.
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