ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 27, 2007

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1 ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, AUGUST 27, 2007 "Slip opinions" are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the petition for rehearing section of the announcement document the day the changes are announced. Click on the case number to view the opinion in pdf format OPINIONS NONE PETITIONS FOR REHEARING SUPREME COURT, STATE OF COLORADO Two East 14 th Avenue Denver, Colorado Appeal from the District Court, Water Division 5 Case No. 93CW213 Honorable Thomas W. Ossola, Judge CONCERNING THE APPLICATION FOR WATER RIGHTS IN SUMMIT COUNTY OF: Applicant-Appellee: SPRING CREEK RANCHERS ASSOCIATION, INC., Opposers-Appellants: JOYCE C. McNICHOLS, KENNETH J. McNICHOLS, and GERALD LEWIS, and Opposers: Case No. 05SA326 ALAN MARTELLARO, Division Engineer for Water Division 5; HAROLD SIMPSON, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (1 of 8) [8/19/2008 5:00:53 PM]

2 Colorado State Engineer; SHADOW CREEK OWNERS ASSOCIATION; GALLOWAY, INC.; and HALENA LEWIS. Petition for Rehearing DENIED. EN BANC. JUSTICE BENDER does not participate. PETITIONS FOR WRIT OF CERTIORARI No. 06SC774 Court of Appeals Case No. 04CA0081 (10/5/06) ANDRE KARPIERZ, No. 06SC828 Court of Appeals Case No. 04CA2100 (11/2/06) CECILIA REED, No. 06SC858 Court of Appeals Case No. 04CA1794 (11/16/06) WILLIAM HOOVER, No. 07SC12 Court of Appeals Case No. 03CA1745 (10/26/06) JOSEPH MARINO, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (2 of 8) [8/19/2008 5:00:53 PM]

3 Petition for Writ of Certiorari DENIED. EN BANC No. 07SC13 Court of Appeals Case No. 04CA0779 (11/16/06) HECTOR SANCHEZ, No. 07SC71 Court of Appeals Case No. 05CA0511 (10/5/06) JET BLACK LLC, VIRGINIA E. and RICHARD J. SREDNICKI, STORM MOUNTAIN RANCH LLC, MARY K. ALLEN, DAVID and CHERYL RAYNER, JIM and CYNTHIA CAROL, BARRY and ANNETTE GAFNER, JEFF TEMPLE, FLOREN ENTERPRISE LIMITED PARTNERSHIP, TOM and LYNNE KARTSOTIS, LINK FAMILY TRUST, MICHAEL H. SALSBURY, DONNA H. TRIPTOW, OGILVIE FAMILY TRUST, and RANDALL and SHERRY D. REED. BOARD OF ASSESSMENT APPEALS and ROUTT COUNTY BOARD OF COUNTY COMMISSIONERS. JUSTICE EID does not participate. No. 07SC80 Court of Appeals Case No. 04CA1227 (11/2/06) THE PEOPLE OF THE STATE OF COLORADO, WILLIAM VERSTEEG. Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the court of appeals erred when it supplanted the requirement that post conviction claims must be of constitutional magnitude to obtain relief file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (3 of 8) [8/19/2008 5:00:53 PM]

4 with the plain error standard applicable to direct appeal. Whether the court of appeals erred when it applied the settled law principle articulated in Johnson United States, 520 U.S. 461 (1997), to hold that a single court of appeals opinion settled the law at the time of trial. No. 07SC99 Court of Appeals Case No. 05CA0737 (12/28/06) GERALD STANSBURY, CITY OF CORTEZ, COLORADO; CITY OF CORTEZ BOARD OF ADJUSTMENT AND APPEALS; CITY OF CORTEZ BUILDING INSPECTOR; and CORTEZ FIRE PROTECTION DISTRICT FIRE MARSHALL. No. 07SC137 Court of Appeals Case No. 04CA2679 (10/19/06) JOSHUA & CO. OF ASPEN, INC.; and JOSHUA SASLOVE, NANCY B. OLIPHANT, TRUSTEE; THE BEAUSANT REVOCABLE TRUST; THE BEARFOOT REVOCATION TRUST; and BESHA LU DEANE AGE 21 TRUST. JUSTICE BENDER would grant as to the following issue: Whether the court of appeals erred in holding that the language used in a written settlement agreement was so indefinite that no contract was formed, and that extrinsic evidence could not be considered to determine whether the parties formed an enforceable contract. No. 07SC148 Court of Appeals Case No. 05CA0528 (2/1/07) KRYSTAL VOSS, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (4 of 8) [8/19/2008 5:00:53 PM]

5 No. 07SC177 Court of Appeals Case No. 05CA0508 (12/28/06) JAYHAWK CAFÉ, a Colorado limited liability company, COLORADO SPRINGS LIQUOR AND BEER LICENSING BOARD; CITY OF COLORADO SPRINGS, COLORADO, a municipal corporation; BOARD MEMBERS, LEE MCREA, EDWARD PINE, ROBERT KEEL, MICHAEL NEMETH, MICHAEL NESTOR, CHARLES STEPHENS and LUKE TRAVINS; and KATHRYN M. YOUNG, Clerk. No. 07SC212 Court of Appeals Case No. 04CA2678 (2/8/07) JOHN TIMOTHY HARRISON, No. 07SC254 Court of Appeals Case No. 05CA1890 (2/22/07) STEWART TITLE GUARANTY COMPANY, a Texas corporation; and STEWART TITLE OF COLORADO SPRINGS, INC., a Colorado corporation, GROT CIMARRON, LLC, a Colorado limited liability company. No. 07SC255 Court of Appeals Case No. 06CA0716 (3/22/07) AVALANCHE INDUSTRIES, INC.; GREAT STATES INSURANCE COMPANY c/o COLORADO INSURANCE GUARANTY ASSOCIATION; and WESTERN GUARANTY FUND, INDUSTRIAL CLAIM APPEALS OFFICE and GLADYS LOUISE CLARK. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (5 of 8) [8/19/2008 5:00:53 PM]

6 Petition for Writ of Certiorari GRANTED. EN BANC. Summary of Issues: Whether the court of appeals erred in concluding under the circumstances of this case that the Workers Compensation claimant s average weekly wage could be recalculated when her condition worsened, using the wage she was earning five years later from a different employer. Whether the court of appeals erred in affirming a recalculation of the claimant s average weekly wage following the worsening of her condition, based on her most recent employer s COBRA costs rather than the COBRA costs of the Respondent-Employer when she left his employ. No. 07SC258 Court of Appeals Case No. 04CA1939 (11/16/06) CONNIE ESPINOSA and MICHAEL MIRANDA, WILMER PEREZ, M.D.; and PARKVIEW MEDICAL CENTER, INC., a Colorado nonprofit corporation, d/b/a PARKVIEW MEDICAL CENTER. No. 07SC308 Court of Appeals Case No. 05CA1029 (3/8/07) JEFF GATES, M. MICHAEL COOKE, in her official capacity as Executive Director of the Colorado Department of Revenue; and CAROLINE JARMIN, in her official capacity as Hearing Officer. JUSTICE EID does not participate. No. 07SC344 Court of Appeals Case No. 04CA0363 (1/25/07) JESUS RIVERA, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (6 of 8) [8/19/2008 5:00:53 PM]

7 No. 07SC397 Court of Appeals Case No. 05CA0234 (2/22/07) AARON JOHN VICTORIAN, No. 07SC402 Court of Appeals Case No. 05CA0883 (3/29/07) EDWARD JOHN RODRIGUEZ, No. 07SC437 Court of Appeals Case No. 05CA0893 (2/8/07) CINDY BUMBAL, CHRISTOPHER M. SMITH, M.D.; and PATRICK J. LILLIS, M.D., d/b/a LAKE LOVELAND DERMATOLOGY. No. 07SC438 Court of Appeals Case No. 03CA2225 (2/8/07) SCOTT EIRISH, file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (7 of 8) [8/19/2008 5:00:53 PM]

8 No. 07SC459 Court of Appeals Case No. 05CA1442 (4/19/07) PETER MATTHEW COMPTON, No. 07SC607 Court of Appeals Case No. 07CA0451 (6/21/07) S.A.D. and T.D., THE PEOPLE OF THE STATE OF COLORADO, In the Interest of C.J.D., A.D.D., and K.K.D., Minor Children. No. 07SC626 Court of Appeals Case No. 07CA0323 (6/28/07) S.T. THE PEOPLE OF THE STATE OF COLORADO, In the Interest of K.K. and B.M.T., Minor Children. file:///c /Users/b888cac/Documents/Temp/sup_ct_caseannoucements/2007/ htm (8 of 8) [8/19/2008 5:00:53 PM]