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Colorado Supreme Court Opinions
April 22, 2013

2013 CO 26. No. 11SA312. Mile High Cab, Inc. v. Colorado Public Utilities Commission.
Administrative Law—Burdens of Proof—Preponderance of Evidence—CRS § 40-10.1-203.

Mile High Cab, Inc. (Mile High) appealed the district court’s judgment affirming the denial of its application for a Certificate of Public Convenience and Necessity. After a lengthy hearing, the administrative law judge (ALJ) to whom the application had been assigned issued a recommended decision, finding that the several incumbent carriers opposing the application had proved by a preponderance of the evidencethat public convenience and necessity did not require granting the application, and that the issuance of the certificate would be detrimental to the public interest. Although it initially ordered a remand for further evidence, the Colorado Public Utilities Commission (PUC) ultimately granted the intervening carriers’ motions for reconsideration and adopted the ALJ’s recommendation to deny the application. The district court affirmed Mile High’s petition for judicial review.

The Supreme Court reversed the district court’s judgment and remanded the case with directions to return the matter to the PUC for further action. The Court held that the record did not contain the finding statutorily required for a denial of Mile High’s application, and that the issuance of a certificate would be detrimental to the public interest.

2013 CO 27. No. 11SA239. In the Matter of Attorney G.
Attorney Discipline—Retaining Lean.

The People challenged the hearing board’s dismissal of a complaint against an attorney who asserted a retaining lien on a U.S. passport. The Supreme Court held that the retaining lien statute does not authorize an attorney to assert a retaining lien on U.S. passports. Accordingly, although the Court will not disturb the hearing board’s order of dismissal, the Court disapproved of its rationale.

Colorado Supreme Court Opinions