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| Boone v. Bd. of County Comm'rs, Court of Appeals No. 03CA1850,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 16, 2004, Decided
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Overview: Because a 35 acre exemption for subdivision regulations did not limit a county's power to enact zoning regulations based on lot size, rezoning regulations for a parcel over 35 acres were not invalid on their face.
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| Coors Brewing Co. v. Cabo, Court of Appeals No. 03CA2452,
COURT OF APPEALS OF COLORADO, DIVISION A, December 16, 2004, Decided
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Overview: Court declined to adopt an arbitrator's "manifest disregard of the law" as a statutory or common law ground for vacating an arbitration award under the Colorado Uniform Arbitration Act of 1975; Vacatur is limited to five exclusive statutory grounds.
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| Dinnerware Plus Holdings, Inc. v. Silverthorne Factory Stores, LLC, Court of Appeals No. 03CA1577,
COURT OF APPEALS OF COLORADO, DIVISION THREE, December 16, 2004, Decided
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Overview: Because a commercial lease unambiguously created a condition precedent regarding a tenant's obligation to pay pass-through charges, a trial court improperly granted judgment in favor of a landlord.
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| Eichhorn v. Kelley, Court of Appeals No. 03CA1202,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 16, 2004, Decided
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Overview: The imposition of punitive sanctions against the landowner was proper, where his logging operations were conducted with the purpose or effect of frustrating the hunters' hunt.
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| People v. Barton, Court of Appeals No.: 03CA0793,
COURT OF APPEALS OF COLORADO, DIVISION A, December 16, 2004, Decided
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Overview: Defendant's aggravated range sentence after her guilty plea to fourth-degree arson was improper, where no aggravating factors were charged in the information and she was not advised that she had a right to have a jury determine aggravating factors.
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| People v. Boespflug, Court of Appeals No.: 03CA0337,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 16, 2004, Decided
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Overview: The trial court erred by denying the inmate's claims of ineffective assistance of counsel without conducting an evidentiary hearing, as his allegations of poor advice might have caused him to miss a deadline for filing an appeal of his sentence.
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| People v. James, Court of Appeals No. 03CA0409,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 16, 2004, Decided
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Overview: Jury could infer from defendant's participation in victim's kidnapping that he was liable as a complictor in the robbery, and gang evidence was properly admitted, as it related to motive for crimes charged and to explain witnesses' uncooperativeness.
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| Scott v. Scott (In re Estate of Scott), Court of Appeals No. 03CA0631,
COURT OF APPEALS OF COLORADO, DIVISION TWO, December 16, 2004, Decided
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Overview: In a case involving testamentary capacity, an appeal from summary judgment was timely when it was filed at the end of the case because there was no final judgment prior to that time. Finality rules for civil proceedings applied to probate as well.
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| Strekal v. Espe, Court of Appeals No. 02CA2168,
COURT OF APPEALS OF COLORADO, DIVISION FIVE, December 16, 2004, Decided
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Overview: Summary judgment against former homeowner was proper, as stolen property statute did not authorize recovery against purchasers who acquired predecessor's status of good faith purchaser under the Shelter Rule, even though they knew of lis pendens.
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| Torrez v. Edwards, Court of Appeals No. 04CA0293,
COURT OF APPEALS OF COLORADO, DIVISION FOUR, December 16, 2004, Decided
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Overview: Dismissal of the claimant's suit was affirmed, as permission was not obtained from the bankruptcy court before bringing the action against the trustee, and the claims against the attorney were time barred.
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