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Colorado Supreme Court Opinions || July 1, 2013

Colorado Supreme Court -- July 1, 2013
Announcement Sheet

OPINIONS


Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 42


Supreme Court Case No. 10SC218
Certiorari to the Court of Appeals
Court of Appeals Case No. 07CA312


Petitioner/Cross-Respondent:
The People of the State of Colorado,
v.
Respondent/Cross-Petitioner:
Rhoderick Flockhart.


Affirmed in Part and Reversed in Part
en banc


CHIEF JUSTICE BENDER delivered the Opinion of the Court.
JUSTICE EID concurs in part and concurs in the judgment in part, and JUSTICE COATS joins in the concurrence in part and the concurrence in the judgment in part.

 


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 43


Supreme Court Case No. 11SC961
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA1848


Petitioner:
Planning Partners International, LLC,
v.
Respondent:
QED, Inc.


Judgment Reversed
en banc


JUSTICE HOBBS delivered the Opinion of the Court. JUSTICE EID concurs in the judgment.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 44


Supreme Court Case No. 11SC29
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA2098


Petitioner:
Brandon David Allen,
v.
Respondent:
The People of the State of Colorado.


Judgment Affirmed
en banc


JUSTICE RICE delivered the Opinion of the Court. JUSTICE MÁRQUEZ concurs in the judgment. JUSTICE COATS dissents.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 45


Supreme Court Case No. 09SC1084
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 07CA2373


Petitioner:
The People of the State of Colorado,
v.
Respondent:
Carlos Anthony Gallegos.


Judgment Affirmed in Part and Reversed in Part
en banc


JUSTICE RICE delivered the Opinion of the Court.
JUSTICE MÁRQUEZ concurs in part and concurs in the judgment. JUSTICE COATS dissents.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 46


Supreme Court Case No. 09SC384
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 07CA2513


Petitioner:
David Uribe-Sanchez,
v.
Respondent:
The People of the State of Colorado.


Judgment Reversed
en banc


JUSTICE RICE delivered the Opinion of the Court.
JUSTICE MÁRQUEZ concurs in part and concurs in the judgment. JUSTICE COATS dissents.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 47


Supreme Court Case No. 10SC794
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 09CA1350


Petitioner:
Rudolph Matthew Candelaria,
v.
Respondent:
The People of the State of Colorado.


Judgment Affirmed
en banc


JUSTICE RICE delivered the Opinion of the Court.
JUSTICE COATS concurs in the judgment.
JUSTICE MÁRQUEZ concurs in part and concurs in the judgment.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 48


Supreme Court Case No. 10SC146
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 08CA316


Petitioner:
The People of the State of Colorado,
v.
Respondent:
James Henry Hunter.


Judgment Reversed
en banc


JUSTICE RICE delivered the Opinion of the Court.
JUSTICE COATS concurs in the judgment.
JUSTICE MÁRQUEZ dissents, and JUSTICE BOATRIGHT joins in the dissent.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 49


Supreme Court Case No. 11SC899
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA1719


Petitioners:
Lynda S. Gibbons, Brent Wilson, and Gibbons-White, Inc., a Colorado corporation,
v.
Respondents:
Gregory T. Ludlow, S. Reid Ludlow, and Jean E. Cowles.


Judgment Reversed
en banc


JUSTICE RICE delivered the Opinion of the Court.
JUSTICE COATS dissents, and JUSTICE HOBBS and JUSTICE BOATRIGHT join in the dissent.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 50


Supreme Court Case No. 12SA196
Appeal from the District Court
Weld County District Court, Water Division 1, Case No. 04CW121
Honorable James F. Hartmann, Water Judge


Concerning the Application for Water Rights of The City and County of Denver, Acting
by and through its Board of Water Commissioners in Douglas, Arapahoe, Denver,
Broomfield, Weld, Adams, and Park Counties, Colorado,

Applicant-Appellee:
City and County of Denver,
v.
Opposer-Appellant:
City of Englewood,
and
Opposers-Appellees:

Arapahoe County Water and Wastewater Authority; Bear Creek Development
Corporation; Bijou Irrigation Company; Bijou Irrigation District; Centennial Water and
Sanitation District; Center of Colorado Water Conservancy District; City and County of
Broomfield; City of Aurora; City of Commerce; City of Lakewood; City of Louisville;
City of Thornton; City of Westminster; Consolidated Ditches of Water District No. 2;
Coors Brewing Company; James R. Hall, Division Engineer; East Cherry Creek Valley
Water and Sanitation District; Water Activity Enterprise, Inc.; Fairmount Cemetery
Company; Farmers High Line Canal and Reservoir Company; Farmers Reservoir and
Irrigation Company; Fulton Irrigation Ditch Company; Glenmoor Country Club;
Henrylyn Irrigation District; New Brantner Extension Ditch Company; Northern
Colorado Water Conservancy District; Parker Water & Sanitation District; Public
Service Company of Colorado, dba Xcel Energy; Platte Valley Irrigation Company;
Central Colorado Water Conservancy District; Hal D. Simpson, State Engineer; South 
Adams County Water and Sanitation District; South Suburban Park Recreation District;
The City of Greeley; The Upper Cherry Creek Water Association; The Denver Country
Club; City of Brighton; and United Water & Sanitation District.


Judgment Affirmed
en banc


JUSTICE RICE delivered the Opinion of the Court.

 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 51


Supreme Court Case No. 11SC596
Certiorari to the Adams County District Court
Adams County District Court Case No. 2011CV32


Petitioner:
Dina Marshall,
v.
Respondent:
The People of the State of Colorado.


Judgment Affirmed in Part and Reversed in Part
en banc


JUSTICE EID delivered the Opinion of the Court.
CHIEF JUSTICE BENDER concurs in part and dissents in part, and JUSTICE BOATRIGHT joins in the concurrence in part and the dissent in part.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 52


Supreme Court Case No. 12SC49
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 11CA239


Petitioner:
Industrial Claim Appeals Office,
v.
Respondents:
Colorado Department of Labor and Employment and Kathleen A. Hopkins.


Judgment Reversed
en banc


JUSTICE EID delivered the Opinion of the Court.


 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 53


Supreme Court Case No. 12SA313
Appeal from the District Court
Water Division 2, Case Nos. 05CW6 & 05CW20
Honorable Larry C. Schwartz, Water Judge


Concerning the Application for Underground Water Rights, Change of Water Rights, and
Plan for Augmentation of Cherokee Metropolitan District, El Paso County, Colorado.

Applicant-Appellee:
Cherokee Metropolitan District,
and
Opposers-Appellees:
Frances Booker; Wayne E. Booker; Farmer Pipeline Co., LLC; Dan Farmer; Edna Farmer;
Jerry Farmer; Joe Farmer, Jr.; Teresa Farmer; and Upper Black Squirrel Creek Ground
Water Management District,

and
Appellees Pursuant to C.A.R. 1(e):

Dick Wolfe, State Engineer, and Steven J. Witte, Division Engineer,
Water Division No. 2,

v.
Intervenors-Appellants:
Felt Monson & Culichia LLC, James G. Felt, and James W. Culichia.


Order Affirmed
en banc


JUSTICE EID delivered the Opinion of the Court.
JUSTICE MÁRQUEZ dissents, and JUSTICE RICE and JUSTICE BOATRIGHT join in the dissent.


 

The Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 54


Supreme Court Case No. 12SA96
Certification of Question of Law
United States Court of Federal Claims
Case No. 1:09CV00129
Honorable Marian Blank Horn, Judge


Plaintiffs:

Rodney Asmussen and Linda Asmussen, Husband and Wife, For Themselves and As
Representatives of a Class of Similarly Situated Persons,

v.
Defendant:
United States.


Certified Question Answered in the Negative
en banc


JUSTICE MÁRQUEZ delivered the Opinion of the Court.
JUSTICE RICE dissents, and JUSTICE COATS and JUSTICE EID join in the dissent.


 

Supreme Court of the State of Colorado
2 East 14thStreet • Denver, Colorado 80203


2013 CO 55


Supreme Court Case No. 09SC323
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 05CA2776


Petitioner:
The People of the State of Colorado,
v.
Respondent:
Lance Patrick Brunsting.


Judgment Reversed
en banc


JUSTICE BOATRIGH Tdelivered the Opinion of the Court.


 


PETITIONS FOR REHEARING

 

Supreme Court of the State of Colorado
2 East 14thAvenue • Denver, Colorado 80203


2013 CO 37


Supreme Court Case No. 11SC516
Certiorari to the Colorado Court of Appeals
Court of Appeals Case No. 10CA955


Petitioners/Cross-Respondents:
Dennis Shaw and First Horizon Home Loan Corporation,
v.
Respondent/Cross-Petitioner:
17 West Mill St, LLC, a Colorado limited liability company.


Petition for Rehearing DENIED. EN BANC.


 


PETITIONS FOR WRIT OF CERTIORARI

No. 12SC409

Court of Appeals Case No. 11CA359

Petitioner:

Keith Kolln,

v.

Respondents:

Eric N. Wyatt, individually, and d/b/a Action Excavating & Landscaping, Inc., a/k/a Action Excavating Asphalt and Concrete Company.

Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE EID would grant as to the following issues:

Whether the trial court erred in granting summary judgment on the grounds that a landowner must be present upon the premises in order to know of the existence of a dangerous condition.

Whether the trial court erred in determining that claims sounding in negligent supervision and negligent inspection were prohibited under the premises liability statute.


No. 12SC695

Court of Appeals Case No. 09CA2036

Petitioner:

Darrell Jay Gallegos,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC696

Court of Appeals Case No. 08CA391

Petitioner:

Michael Orlando Rollie,

v.

Respondent:

The People of the State of Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC756

Court of Appeals Case No. 11CA2129

Petitioner:

Ball Aerospace & Technologies Corp.,

v.

Respondent:

City of Boulder, Colorado.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC811

Court of Appeals Case No. 11CA2452

Petitioner:

Archangel Diamond Corporation Liquidating Trust,

v.

Respondent:

OAO Lukoil.

Petition for Writ of Certiorari DENIED. EN BANC.


No. 12SC819

Court of Appeals Case No. 11CA2452

Petitioners:

Cantina Grill, JV; Airport Lounges, LLC, a Colorado limited liability company; Dos Amigos Joint Venture, a Colorado joint venture; F & B Concessions, LLC, a Colorado limited liability company; Pour LA France B; Pour La France T; and Skyport Companies, Inc, a Colorado corporation;

v.

Respondents:

City & County of Denver County Board of Equalization, by and through its members David Hart, Manager of Revenue, Luis Colon, Manager of General Services, Wayne Vaden, Clerk and Recorder, Bill Vidal, Manager of Public Works and Rosemary Rodriquez and Paul Jacobs, as County Assessor, City and County of Denver, Colorado.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:

Whether the court of appeals erred in affirming the district court’s conclusion that the Concessionaires’ possessory interests in concession spaces at DIA constitute taxable possessory interests under this court’s three-pronged test in Board of County Commissioners v. Vail Associates, Inc.,19 P.3d 1263 (Colo. 2001).

Whether the court of appeals correctly applied the valuation provisions of section 39-1- 103(17), C.R.S. (2012), an issue this court expressly did not reach in Board of County Commissioners v. Vail Associates, Inc., 19 P.3d 1263 (Colo. 2001).

DENIED AS TO ALL OTHER ISSUES.


No. 12SC932

Court of Appeals Case No. 07CA2467

Petitioner/Cross-Respondent:

The People of the State of Colorado, v.

Respondent/Cross-Petitioner: Michael Quinn Tate.

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

Summary of Issue:

Whether, after Miller v. Alabama,132 S. Ct. 2455 (2012), invalidated mandatory life without parole for juveniles, the court of appeals erred by remanding the defendant’s case for resentencing instead of upholding the defendant’s life sentence and remanding the case to reflect that the defendant will be eligible for parole after forty calendar years.

DENIED AS TO ALL OTHER ISSUES.


No. 12SC939

Court of Appeals Case No. 11CA656

Petitioner:

The People of the State of Colorado,

v.

Respondent:

Joseph Phillip Diaz.

Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issue:

Whether the court of appeals erred by concluding that under section 18-3-203(1)(f), C.R.S., mandatory consecutive sentencing applies only to the sentence defendant was serving at the time of the assault.


No. 12SC951

Court of Appeals Case No. 11CA2205

Petitioner:

Allstate Insurance Company,

v.

Respondent:

Kyle W. Larson Enterprises, Inc., Roofing Experts, d/b/a The Roofing Experts.

Petition for Writ of Certiorari DENIED. EN BANC.
JUSTICE EID would grant as to the following issue:

Whether the court of appeals erred, in a matter of first impression in Colorado, in concluding that a repair vendor qualifies as a “first-party” claimant under section 10-3-1115, C.R.S. (2012), and thereby has standing to sue a homeowner’s insurer under section 10-3-1116, C.R.S. (2012).


No. 13SC46

Court of Appeals Case No. 12CA191

In the Matter of the Estate of Jeffrey M. Johnson, deceased,

Petitioner:

Laurel M. Christensen,

v.

Respondent:

Dawn Wilson.

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 || July 1, 2013

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