Colorado, October, 2003, State Case law

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State Courts - Colorado - October 9, 2003

Black Canyon Citizens Coalition v. Bd. of County Comm'rs, Court of Appeals No. 02CA1466, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 9, 2003, Decided
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Overview: The dismissal of a corporation's action against a county was proper where the corporation, the named plaintiff, did not exist, and therefore lacked capacity when the complaint was filed; thus, the action was not timely commenced.

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Clinger v. Hartshorn , Court of Appeals No. 02CA1710, COURT OF APPEALS OF COLORADO, DIVISION ONE, October 9, 2003, Decided
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Overview: Where the historical use of a road showed that it had been used by hunters, and a prior owner had been paid to provide guide and outfitting services over the years, a trial court did not err in finding that two neighbors had a prescriptive easement.

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Fonden v. U.S. Home Corp., Court of Appeals No. 02CA1827, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 9, 2003, Decided
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Overview: Because the trial court only granted a builder's motion to compel and stay proceedings, but did not dismiss a homeowner's breach of contract action, there was no final judgment from which the homeowner was entitled to appeal.

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Free Speech Def. Comm. v. Thomas, Court of Appeals No. 02CA1692, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 9, 2003, Decided
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Overview: A finding against the committee and members was proper where the district attorney's advisory board was not a local public body or a State public body under the Colorado Open Meetings Law.

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In re K.M.B., Court of Appeals No. 02CA2038, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 9, 2003, Decided
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Overview: Stepfather had standing to bring a petition for allocation of parental responsibilities, because the applicable statute created an independent basis for standing that extended to any person as long as the child was not in the care of either parent.

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In re Marriage of Pritchett, Court of Appeals No. 02CA1054, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 9, 2003, Decided
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Overview: Because a trial court had relinquished jurisdiction over matters between a mother and father to another state, under the Uniform Child Custody Jurisdiction and Enforcement Act the trial court lacked jurisdiction to determine a particular matter.

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Kennedy v. Gillam Dev. Corp., Court of Appeals No. 02CA1427, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 9, 2003, Decided
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Overview: Buyers who rescinded a contract for the purchase of a home were entitled to damages in the amount of $ 12,000, closing costs, and prejudgment interest; they were not entitled to attorney fees or expected appreciation damages.

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Martinez v. Colo. Dep't of Human Servs., Court of Appeals No. 02CA1880, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 9, 2003, Decided
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Overview: State department of social services validly required interim state disability benefits recipient to sign authorization for county's reimbursement from his federal benefits payment, and trial court did not err in refusing to grant declaratory relief.

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People v. Fritschler, Court of Appeals No. 02CA0494, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 9, 2003, Decided
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Overview: Denial of defendant's motion for postconviction relief was affirmed, as mandatory parole did not violate his equal protection rights; defendant, a nonsexual offender, was not similarly situated with sex offenders who served discretionary parole.

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People v. Hoskay, Court of Appeals No. 02CA0394, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 9, 2003, Decided
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Overview: Defendant's conviction for sexual assault of a physically helpless victim and public indecency was affirmed; plain language of public indecency statute reflected the intent to make the offense a strict liability crime without a culpable mental state.

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