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Colorado Supreme Court Opinions
March 3, 2014

2014 CO 15. No. 12SC736. City and County of Denver v. Denver Firefighters Local No. 858, IAFF, AFL-CIO.
Firefighters' Right to Organize and Bargain Collectively—Denver City Charter—Rules of Conduct

In this case, which involved an issue of first impression, the Supreme Court held that the City and County of Denver has authority to unilaterally draft and implement disciplinary rules. This authority is not limited by the Denver firefighters’ right to engage in collective bargaining. Accordingly, the Court reversed the judgment of the court of appeals because the court of appeals erroneously concluded that discipline is a term and condition of employment that is subject to collective bargaining. The case was remanded to the trial court.

2014 CO 16. No. 10SC688. Atlantic Richfield Company v. Whiting Oil and Gas Corporation.
Equity Oil Company—Reformation of Future Interests in Property—Statutory Rule Against Perpetuities Act—Common Law Rule Against Perpetuities—Nondonative Transfers

In this case, the Supreme Court considered whether a nondonative, commercial option entered into before the passage of the Statutory Rule Against Perpetuities Act is subject to reformation under CRS § 15-11-1106(2). As a threshold matter, the Court examined whether the option violated the common law rule against perpetuities, and concluded that it does not. Because the commercial option negotiated by the parties was fully revocable, it posed no practical restraint on alienation, and did not violate the common law rule against perpetuities as that rule was construed in Supreme Court case law before passage of the Statutory Rule Against Perpetuities Act.

The Court held that because the option did not violate the common law rule against perpetuities, no reformation was necessary. Accordingly, the Supreme Court affirmed the judgment of the court of appeals on different grounds, and did not reach the questions of whether § 15-11-1106(2) provides for reformation of nondonative, commercial instruments, or whether the lower courts’ application of that section to the option here was unconstitutionally retrospective.

Colorado Supreme Court Opinions

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