Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
Find A Lawyer Directory

Calendars


Colorado Supreme Court Opinions || April 16, 2012

Colorado Supreme Court -- April 16, 2012
Announcement Sheet

 

 

OPINIONS

Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202


2012 CO 24


Supreme Court Case No. 09SC519
Certiorari to the Jefferson County District Court
Jefferson County District Court Case No. 09CV444


Petitioner:
Daniel Shane Hassler,
v.
Respondent:
Account Brokers of Larimer County, Inc.


Judgment Reversed
en banc

CHIEF JUSTICE BENDER delivered the Opinion of the Court.
JUSTICE MÁRQUEZconcurs in part and dissents in part.



 

Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202


2012 CO 25


Supreme Court Case No. 12SA8
Original Proceeding Pursuant to § 1-40-107(2), C.R.S. (2011)
Appeal from the Ballot Title Setting Board


In the Matter of the Title, Ballot Title, and Submission Clause for 2011-2012 #3

Petitioner:
Douglas Kemper,
v.
Respondents:
Richard G. Hamilton and Phillip Doe, Proponents,
and
Title Board:
William A. Hobbs, Jason Gelender, and Daniel Domenico.


Decision of the Ballot Title Setting Board Affirmed
en banc

JUSTICE RICE delivered the Opinion of the Court.
JUSTICE HOBBS dissents.



 

Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202


2012 CO 26


Supreme Court Case No. 12SA22
Original Proceeding Pursuant to § 1-40-107(2), C.R.S. (2011)
Appeal from the Ballot Title Setting Board


In the Matter of the Title, Ballot Title, and Submission Clause for 2011-2012 #45
Petitioner:
Douglas Kemper,
v.
Respondents:
Richard G. Hamilton and Phillip Doe, Proponents,
and
Title Board:
William A. Hobbs, Jason Gelender, and Daniel Domenico.


Decision of the Ballot Title Setting Board Affirmed
en banc

JUSTICE RICE delivered the Opinion of the Court.
JUSTICE HOBBS dissents.



 

Supreme Court of the State of Colorado
101 West Colfax Avenue, Suite 800 • Denver, Colorado 80202


2012 CO 27


Supreme Court Case No. 10SA393
Appeal from the District Court
Water Division 3 Case No. 08CW3
Honorable O. John Kuenhold, Judge


Plaintiffs-Appellants:

Jesse Lloyd Reynolds; Stella Jenine Reynolds; Jesse Lloyd Reynolds and Stella Jenine
Reynolds, as Co-Trustees of Jesse Lloyd Reynolds Revocable Trust; Jesse Lloyd Reynolds
and Stella Jenine Reynolds, as Co-Trustees of Stella Jenine Reynolds Revocable Trust;
Nortonville Cattle Company; Martin Cattle Company; W&K Reed & Co.; Dean Reynolds;
Georgina Reynolds, as Trustee of Phillip B. Reynolds Trust; Penny Sue Reed Harper;
Douglas Warren Reed; Marvin Bruce Reed; Allison E. Reed Boyack; Carl Thomas Reed;
Jason Keith Reed; Kelly Reed; and Alamosa –La Jara Water Conservancy District;

v.


Defendants-Appellees:

Craig Cotten, Division Engineer, Water Division 3; Dick Wolfe, State Engineer;
C.G. Betenbough; Jessie D. Crowther; Martille Faatz; Ralph Hawkins; La Mont Morgan;
Ted Morrison; Dennis M. Mortensen; Dennis Q. Mortensen; Judy Parrish; Kent Shawcroft;
Crowther Family Limited Partnership; La Jara Seepage Diversion Ditch Company; Miller
Ditch Company; State of Colorado, Division of Wildlife; and all unknown persons who
claim or may claim an interest in the subject matter of this action;

and
Appellee Pursuant to C.A.R. 1(e):
Craig Cotten, Division Engineer, Water Division 3.


Judgment Reversed
en banc

JUSTICE COATSdelivered the Opinion of the Court.



 

PETITIONS FOR REHEARING
NONE


PETITIONS FOR WRIT OF CERTIORARI

No. 11SC343

Court of Appeals Case No. 07CA1296

Petitioner:

Daniel Lynn Devorss,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC466

Court of Appeals Case No. 08CA416

Petitioner:

Eric John Lanzieri,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC565

Court of Appeals Case No. 08CA2012

Petitioner:

Christopher John Brown,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC714

Court of Appeals Case No. 10CA912

In re the Marriage of:

Petitioner: Louise Rubio, and

Respondent:

Frank Rubio.

and Concerning Intervenors:

The Marrison Law Firm, n/k/a Marrison Family Law LLC.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC748

Court of Appeals Case No. 09CA645

Petitioner:

Manuel Rico Sierra,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 11SC816

Court of Appeals Case No. 10CA1111

Petitioner:

Kathryn Koch, Clerk of the City of Aspen,

v.

Respondent:

Marilyn Marks, a resident of the City of Aspen, Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC.

Summary of Issues:

Whether article VII, section 8, of the Colorado Constitution prohibits making cast election ballots available for public inspection pursuant to the Colorado Open Records Act, sections 24-72-200.1, et seq., C.R.S.

Whether section 31-10-616 of the Municipal Election Code prohibits making available for public inspection copies of election ballots pursuant to the Colorado Open Records Act, sections 24-72-200.1, et seq., C.R.S.

Whether the court of appeals erred in failing to remand the case to the district court for a hearing in accordance with sections 24-72-204(6)(a) and (b), C.R.S., to determine the propriety of the custodian’s refusal to make cast ballots available for public inspection on the grounds that such disclosure “would do substantial injury to the public interest.”

Whether the court of appeals erred in awarding appellate attorney fees to the respondent in the absence of a determination by the district court pursuant to section 24-72-204(6)(a), C.R.S., that “the custodian, in good faith, after exercising reasonable diligence, and after making reasonable inquiry, was unable to determine if disclosure of the public record was prohibited without a ruling by the court.”


No. 11SC849

Court of Appeals Case No. 09CA1835

Petitioner:

Shannon Dean Merrow,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC41

Court of Appeals Case No. 10CA1796

Petitioner:

Ahmed Abukar,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC192

Court of Appeals Case No. 11CA1545

Petitioner:

A.R.,

v.

Respondent:

N.K.

and

Respondent:

The People of the State of Colorado,

In the Interest of J.K., Child.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC195

Court of Appeals Case No. 11CA2280

Petitioner:

J.A.G.,

v.

Respondent:

The People of the State of Colorado,

In the Interest of N.S.G. and K.R.G., Children.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate.


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 || April 16, 2012

Back