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Colorado Supreme Court Opinions || February 14, 2005

Colorado Supreme Court -- February 14, 2005
Announcement Sheet

OPINIONS

SUPREME COURT, STATE OF COLORADO
Two East 14th Avenue
Denver, Colorado 80203

Original Proceeding Pursuant to C.A.R. 21
Pueblo County District Court, Case No. 99CV257
Honorable Scott B. Epstein, Judge

Case No. 04SA303

In Re:

Plaintiffs:

VICTOR FOGNANI and ANNA MARIE FOGNANI,

v.

Defendants:

ROBERT S. YOUNG and SOUTHERN COLORADO CLINIC, P.C.

RULE DISCHARGED IN PART AND MADE ABSOLUTE IN PART

EN BANC

JUSTICE KOURLIS delivered the Opinion of the Court.

JUSTICE BENDER does not participate.

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PETITIONS FOR REHEARING

SUPREME COURT, STATE OF COLORADO
Two East 14th Avenue
Denver, Colorado 80203

Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 00CA2196

Case No. 03SC567

Petitioner:

ROBERT QUINTANO,

v.

Respondent:

THE PEOPLE OF THE STATE OF COLORADO.

Petition for Rehearing DENIED. EN BANC.

JUSTICE COATS does not participate.

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SUPREME COURT, STATE OF COLORADO
Two East 14th Avenue
Denver, Colorado 80203

Appeal from the District Court, Water Division 1
Case No. 96CW14
Honorable Jonathan Hays, Judge

Case No. 01SA412

IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PARK COUNTY SPORTSMEN’S RANCH,

Applicants-Appellants:

CITY OF AURORA, a municipal corporation of the counties of Adams, Arapahoe and Douglas, acting by and through its Utility Enterprise; PARK COUNTY SPORTSMEN’S RANCH, L.L.P., a limited liability partnership; and KENNETH J. BURKE, former counsel for Park County Sportsmen’s Ranch, LLP,

v.

Objectors-Appellees:

COLORADO STATE ENGINEER, HAROLD D. SIMPSON, Division Engineer for Water Division No. 1; COLORADO WATER CONSERVATION BOARD; COLORADO STATE DIVISION OF WILDLIFE; CITY OF THORNTON; CITY OF ENGLEWOOD; CITY AND COUNTY OF DENVER; COUNTY OF PARK; CENTER OF COLORADO WATER CONSERVANCY DISTRICT; ELKHORN RANCH HOME OWNERS ASSOCIATION; UPPER SOUTH PLATTE WATER CONSERVANCY DISTRICT; BOARD OF COMMISSIONERS OF COUNTY OF PARK; PARK COUNTY WATER PRESERVATION COALITION; UNITED STATES OF AMERICA; CENTENNIAL WATER and SANITATION DISTRICT; UNION PACIFIC RESOURCES COMPANY; THE FRIEDA WAHL TRUST; STEVE BARGAS; KIMBERLY BARGAS; FRIDA BARGAS; H.D. and MARY CATHERINE COLEMAN; JAMES T. BENES; JAMES T. BENES, JR.; CASSANDRA L. BENES TRUST; TARRYALL LAND and CATTLE LLC; MAGNESS LAND HOLDINGS, LLC; ESTATE OF BOB MAGNESS; PERSONAL REPRESENTATIVE OF THE ESTATE OF BOB MAGNESS; TOWN OF FAIRPLAY; JIM CAMPBELL; JAMES CAMPBELL; RUTH BARTLE; INDIAN MOUNTAIN CORPORATION; JILL E. BOICE; BOB BURCH; ROBERT W. HECKENDORF; MICHAEL and VICKI LOTHROP; RICHARD A. GRENFELL; DAVID WILSON; DARRELL JOHNS; DAVID JOHNS; JOHN JOHNS; JOSEPH G. and

JOYCE C. MINKE; JAMES E. COPANOS; CENTRAL COLORADO CATTLEMEN’S ASSOCIATION; GREGORY SNAPP; ROY G. DOERR; ERIK TAYLOR; WILDWOOD RECREATIONAL VILLAGE ASSOC.; MARK and CAROL CARRINGTON; HANSLUDWIG KOMMERT; and STEPHEN R. CLINE.

Opinion modified and as modified, Petitions for Rehearing DENIED. EN BANC.

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PETITIONS FOR WRIT OF CERTIORARI

No. 04SC572

Court of Appeals Case No. 02CA0204 (7/1/04)

JOSHUA MARQUEZ, Petitioner,

v.

THE PEOPLE OF THE STATE OF COLORADO, Respondent.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 04SC609

Court of Appeals Case No. 03CA0445 (7/29/04)

WRWC, LLC, Petitioner,

v.

THE CITY OF ARVADA and AVSET MANAGEMENT

SERVICES, L.L.C., Respondents.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 04SC612

Court of Appeals Case No. 02CA0205 (7/29/04)

BRIAN LEONARD BUEHLER, Petitioner,

v.

THE PEOPLE OF THE STATE OF COLORADO, Respondent.

Petition for Writ of Certiorari DENIED. EN BANC.

----------------------------------------------------------------------

No. 04SC673

Court of Appeals Case Nos. 03CA0292 & 03CA0812 (8/26/04)

A. L. OVERTON; OVERTON,

BABIARZ & SYKES, P.C.,

a Colorado professional

corporation; and REALAMERICA

VENTURES, LLC, a Colorado

limited liability company, Petitioners/Cross-Respondents,

v.

ASHTON PROPERTIES, LTD, a

California general partnership;

and DANIEL D. MILLER, surviving

general partner of Ashton

Properties, Ltd., Respondents/Cross-Petitioners.

Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.

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No. 04SC681

Court of Appeals Case No. 02CA2147 (9/2/04)

TERRY DON BASS, Petitioner,

v.

THE PEOPLE OF THE STATE OF COLORADO, Respondent.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 04SC688

Court of Appeals Case No. 01CA1870 (9/16/04)

JESSE LEE WILKINSON, Petitioner,

v.

THE PEOPLE OF THE STATE OF COLORADO, Respondent.

Petition for Writ of Certiorari DENIED. EN BANC.

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No. 04SC692

Court of Appeals Case No. 03CA1189 (9/9/04)

AMANDA K. DILLEN, D.O.; RALPH E.

HOLSWORTH, JR.; D.O. and SAM A.

WALLACE, D.O., Petitioners,

v.

HEALTHONE, Respondent.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether the court of appeals erred in affirming the district judge’s order granting defendant HealthOne costs against petitioner Dillen.

Whether the court of appeals erred in affirming the district judge’s order denying petitioners their costs of trial.

DENIED AS TO ALL OTHER ISSUES.

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No. 04SC699

Court of Appeals Case No. 03CA0275 (5/20/04)

In re: Court Facilities for the Routt County Combined Court and

Concerning the Board of County Commissions of the County of Routt

ROUTT COUNTY COMBINED COURT, and THE CHIEF

JUDGE THEREOF, Petitioners,

v.

THE BOARD OF COUNTY COMMISSIONERS OF

THE COUNTY OF ROUTT, Respondent.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE MULLARKEY and JUSTICE KOURLIS do not participate.

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No. 04SC787

Court of Appeals Case No. 01CA1423 (8/5/04)

JULIE L. PONDER, Petitioner,

v.

THE PEOPLE OF THE STATE OF COLORADO, Respondent.

Petition for Writ of Certiorari DENIED. EN BANC.

CHIEF JUSTICE MULLARKEY would grant as to the following issues:

Whether the hours of videotapes and the testimony from two expert witnesses introduced at trial concerning codefendant’s intentional and grotesque physical and emotional abuse of the victim was irrelevant and prejudicial to petitioner and a violation of victim’s state and federal constitutional right to a fair trial and to due process of law.

Whether petitioner’s trial should not have been joined with codefendant because codefendant’s statement to the police that the "video would hang us" was inadmissible against petitioner; and whether the trial court’s limiting instruction was an insufficient substitute for a separate trial.

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No. 04SC796

Court of Appeals Case No. 03CA0243 (10/21/04)

JOHN K. THORPE; ELISHA E. SPRONG; DARRELL J. VIGIL;

SEAN P. LEY; and HECTOR JUAREZ, individually, and

on behalf of all others similarly situated, Petitioners,

v.

STATE OF COLORADO and FRED FISHER in his official

capacity as Executive Director of the Colorado

Department of Revenue and Tax Collector for the

State of Colorado, Respondents.

Petition for Writ of Certiorari DENIED. EN BANC.

These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.

Colorado Supreme Court Opinions || February 14, 2005

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