Colorado Supreme Court Opinions || February 11, 2013
Colorado Supreme Court -- February 11, 2013
Announcement Sheet
OPINIONS
Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203
2013 CO 11
Supreme Court Case No. 12SA263
Original Proceeding Pursuant to C.A.R. 21
Honorable Francis Wasserman, Judge
In Re:
The People of the State of Colorado,
In the Interest of:
W.P., an Adult.
Rule Discharged
en banc
JUSTICE HOBBS delivered the Opinion of the Court.
Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203
Supreme Court Case No. 11SC494
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA1057
Petitioner:
Northstar Project Management, Inc., a Colorado corporation,
v.
Respondent:
DLR Group, Inc., a Colorado corporation.
Judgment Reversed
en banc
JUSTICE RICE delivered the Opinion of the Court.
Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203
Supreme Court Case No. 09SC1022
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA2552
Petitioners:
Curtis Vagneur and Jeffrey Evans,
v.
Respondents:
City of Aspen; Kathryn Koch, in her official capacity as City Clerk for the City of Aspen;
Karen Goldman, in her official capacity as Administrative Hearing Officer pursuant to
Section 31-11-110(3), C.R.S. (2009); Les Holst; Clifford Weiss; and Terry Paulson.
Judgment Affirmed
en banc
JUSTICE MÁRQUEZ delivered the Opinion of the Court. JUSTICE COATS dissents, and JUSTICE EID joins in the dissent. JUSTICE EID dissents, and JUSTICE COATS joins in the dissent.
PETITIONS FOR REHEARING
Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203
Supreme Court Case No. 11SC664
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA926
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Jason LaRosa.
Petition for Rehearing DENIED. EN BANC.
JUSTICE COATS and JUSTICE EID would grant the petition.
Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203
2013 CO 3
Supreme Court Case No. 11SA169
Garfield County District Court, Water Division 5
Case Nos. 06CW264 and 07CW225 (Consolidated)
and Case Nos. 05CW262 and 05CW263 (Consolidated)
Honorable Thomas W. Ossola, Judge
Case Nos. 06CW264 and 07CW225 (Consolidated)
Concerning the Application for Water Rights of: Ginn Battle South, LLC, Ginn Battle
North, LLC, Ginn-LA Battle One, LTD., LLLP, Ginn-LA Battle One A, LLC and Ginn
Development Company, LLC in Eagle County, Colorado
Concerning the Application for Water Rights of: Town of Minturn in Eagle, Grand and
Pitkin Counties, Colorado
Applicant-Appellee:
The Town of Minturn,
v.
Opposer-Appellant:
J. Tucker, Trustee,
and
Appellee Pursuant to CAR 1(e):
Water Division 5 Engineer.
Case Nos. 05CW262 and 05CW263 (Consolidated)
Concerning the Application for Water Rights of the Town of Minturn in Eagle County,
Colorado
Applicant-Appellee:
The Town of Minturn,
v.
Opposer-Appellant:
J. Tucker, Trustee,
and
Appellee Pursuant to CAR 1(e):
Water Division 5 Engineer.
Petition for Rehearing DENIED. EN BANC.
JUSTICE COATS and JUSTICE EID would grant the petition.
PETITIONS FOR WRIT OF CERTIORARI
No. 12SC104
Court of Appeals Case No. 10CA2681
Petitioner:
Town of Dillon, Colorado,
v.
Respondents:
Yacht Club Condominiums Home Owners Association, Steve Delaney, and Robert R. Duncan.
Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:
Whether the petitioner’s enactment of Ordinance Nos. 04-09 and 10-09 was an unconstitutional exercise of the petitioner's police power to regulate matters of public health, safety, and welfare.
DENIED AS TO ALL OTHER ISSUES.
Court of Appeals Case No. 10CA1251
Petitioner:
Charles Lee Broce,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC367
Court of Appeals Case No. 11CA633
Petitioner:
Dennis Marlow,
v.
Respondents:
Allianz Life Insurance Company of North America; Alexander Law Firm, P.C.; and Hugh Alexander.
Petition for Writ of Certiorari DENIED. EN BANC.
Jefferson County District Court Case No. 12CV176
Petitioner:
James Davey,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC411
Arapahoe County District Court Case No. 11CV1671
Petitioner:
Joshua Gill,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC518
Court of Appeals Case No. 10CA2384
Petitioner/Cross-Respondent:
Gallery Homes, Inc.,
v.
Respondent/Cross-Petitioner:
Terracon Consultants, Inc., d/b/a Terracon Consulting Engineers & Scientists.
Petition and Cross-Petition for Writ of Certiorari DENIED. EN BANC.
No. 12SC691
Court of Appeals Case No. 09CA2676
Petitioner:
Jesse Lee Lynch,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
CHIEF JUSTICE BENDER and JUSTICE RICE would grant as to the following issue:
Whether the court of appeals erred when it found that two erroneous “failure to follow the better practice” rulings regarding challenges for cause to prospective jurors did not deprive petitioner of his federal and state constitutional rights to due process, a fair trial, and an impartial jury.
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 11, 2013
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