OPINIONS. Supreme Court of the State of Colorado 2 East 14 th Avenue Denver, Colorado CO 42

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1 "Slip opinions" are the opinions delivered by the Supreme Court Justices and are subject to modification, rehearing, withdrawal, or clerical corrections. Modifications to previously posted opinions will be linked to the case number in the petition for rehearing section the day the changes are announced. Click on the case number to view the opinion in pdf format. OPINIONS 2013 CO 42 Supreme Court Case No. 10SC218 Certiorari to the Court of Appeals Court of Appeals Case No. 07CA312 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Rhoderick Flockhart. Affirmed in Part and Reversed in Part 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. 1

2 2013 CO 43 Supreme Court Case No. 11SC961 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 10CA1848 Planning Partners International, LLC, QED, Inc. Judgment Reversed JUSTICE HOBBS delivered the Opinion of the Court. JUSTICE EID concurs in the judgment. 2

3 2013 CO 44 Supreme Court Case No. 11SC29 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA2098 Brandon David Allen, The People of the State of Colorado. Judgment Affirmed JUSTICE RICE delivered the Opinion of the Court. JUSTICE MÁRQUEZ concurs in the judgment. JUSTICE COATS dissents. 3

4 2013 CO 45 Supreme Court Case No. 09SC1084 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA2373 The People of the State of Colorado, Carlos Anthony Gallegos. Judgment Affirmed in Part and Reversed in Part JUSTICE RICE delivered the Opinion of the Court. JUSTICE MÁRQUEZ concurs in part and concurs in the judgment. JUSTICE COATS dissents. 4

5 2013 CO 46 Supreme Court Case No. 09SC384 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA2513 David Uribe-Sanchez, The People of the State of Colorado. Judgment Reversed JUSTICE RICE delivered the Opinion of the Court. JUSTICE MÁRQUEZ concurs in part and concurs in the judgment. JUSTICE COATS dissents. 5

6 2013 CO 47 Supreme Court Case No. 10SC794 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 09CA1350 Rudolph Matthew Candelaria, The People of the State of Colorado. Judgment Affirmed JUSTICE RICE delivered the Opinion of the Court. JUSTICE COATS concurs in the judgment. JUSTICE MÁRQUEZ concurs in part and concurs in the judgment. 6

7 2013 CO 48 Supreme Court Case No. 10SC146 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 08CA316 The People of the State of Colorado, James Henry Hunter. Judgment Reversed JUSTICE RICE delivered the Opinion of the Court. JUSTICE COATS concurs in the judgment. JUSTICE MÁRQUEZ dissents, and JUSTICE BOATRIGHT joins in the dissent. 7

8 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, Respondents: Gregory T. Ludlow, S. Reid Ludlow, and Jean E. Cowles. Judgment Reversed JUSTICE RICE delivered the Opinion of the Court. JUSTICE COATS dissents, and JUSTICE HOBBS and JUSTICE BOATRIGHT join in the dissent. 8

9 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, 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 9

10 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 JUSTICE RICE delivered the Opinion of the Court CO 51 Supreme Court Case No. 11SC596 Certiorari to the Adams County District Court Adams County District Court Case No. 2011CV32 Dina Marshall, The People of the State of Colorado. Judgment Affirmed in Part and Reversed in Part 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. 10

11 2013 CO 52 Supreme Court Case No. 12SC49 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 11CA239 Industrial Claim Appeals Office, Respondents: Colorado Department of Labor and Employment and Kathleen A. Hopkins. Judgment Reversed JUSTICE EID delivered the Opinion of the Court. 11

12 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, Intervenors-Appellants: Felt Monson & Culichia LLC, James G. Felt, and James W. Culichia. Order Affirmed JUSTICE EID delivered the Opinion of the Court. JUSTICE MÁRQUEZ dissents, and JUSTICE RICE and JUSTICE BOATRIGHT join in the dissent. 12

13 The 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, Defendant: United States. Certified Question Answered in the Negative JUSTICE MÁRQUEZ delivered the Opinion of the Court. JUSTICE RICE dissents, and JUSTICE COATS and JUSTICE EID join in the dissent. 13

14 2 East 14 th Street Denver, Colorado CO 55 Supreme Court Case No. 09SC323 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 05CA2776 The People of the State of Colorado, Lance Patrick Brunsting. Judgment Reversed JUSTICE BOATRIGHT delivered the Opinion of the Court. 14

15 PETITIONS FOR REHEARING 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, Respondent/Cross- 17 West Mill St, LLC, a Colorado limited liability company. Petition for Rehearing DENIED. EN BANC. 15

16 No. 12SC409 Court of Appeals Case No. 11CA359 PETITIONS FOR WRIT OF CERTIORARI Keith Kolln, 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 Darrell Jay Gallegos, The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC

17 No. 12SC696 Court of Appeals Case No. 08CA391 Michael Orlando Rollie, The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. -- No. 12SC756 Court of Appeals Case No. 11CA2129 Ball Aerospace & Technologies Corp., City of Boulder, Colorado. Petition for Writ of Certiorari DENIED. EN BANC. -- No. 12SC811 Court of Appeals Case No. 11CA2452 Archangel Diamond Corporation Liquidating Trust, OAO Lukoil. Petition for Writ of Certiorari DENIED. EN BANC

18 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; 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 Vail Associates, Inc., 19 P.3d 1263 (Colo. 2001). Whether the court of appeals correctly applied the valuation provisions of section (17), C.R.S. (2012), an issue this court expressly did not reach in Board of County Commissioners Vail Associates, Inc., 19 P.3d 1263 (Colo. 2001). DENIED AS TO ALL OTHER ISSUES

19 No. 12SC932 Court of Appeals Case No. 07CA2467 Petitioner/Cross- The People of the State of Colorado, Respondent/Cross- Michael Quinn Tate. Petition for Writ of Certiorari GRANTED. Cross-Petition for Writ of Certiorari DENIED. EN BANC. Summary of Issue: Whether, after Miller Alabama, 132 S. Ct (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

20 No. 12SC939 Court of Appeals Case No. 11CA656 The People of the State of Colorado, 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 (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 Allstate Insurance Company, 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 , C.R.S. (2012), and thereby has standing to sue a homeowner s insurer under section , C.R.S. (2012)

21 No. 13SC46 Court of Appeals Case No. 12CA191 In the Matter of the Estate of Jeffrey M. Johnson, deceased, Laurel M. Christensen, Dawn Wilson. Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE MÁRQUEZ does not participate