ANNOUNCEMENTS COLORADO SUPREME COURT November 20, 2000 "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 (in the htm format only) 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 Word format. No. 98SA327 THE BOARD OF THE COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, and UNION PARK WATER AUTHORITY, Applicants-Appellants/Cross-Appellees, CRYSTAL CREEK HOMEOWNERS ASSOCIATION; MILTON GRAVES, CHARLES HUBBARD, and NANCY WILLIAMS, TRUSTEES, Objectors-Appellees/Cross-Appellants, and COLORADO RIVER WATER CONSERVATION DISTRICT; UPPER GUNNISON RIVER WATER CONSERVANCY DISTRICT; UNITED STATES OF AMERICA; HENRY J. BERRYHILL, JR.; BOARD OF COUNTY COMMISSIONERS OF GUNNISON COUNTY; TOWN OF CRESTED BUTTE; CITY OF DELTA; CITY OF MONTROSE; CITY OF GRAND JUNCTION; CITY OF GUNNISON; TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC.; COLORADO WILDLIFE FEDERATION; CRESTED BUTTE WATER AND SANITATION DISTRICT; EAST RIVER AT ALMONT PROPERTY OWNERS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (1 of 15) [9/11/2008 8:40:56 AM]
ASSOCIATION; GUNNISON ANGLING SOCIETY; GUNNISON COUNTY ELECTRIC ASSOCIATION; NATIONAL WILDLIFE FEDERATION; HIGH COUNTRY CITIZENS ALLIANCE; RAINBOW SERVICES, INC.; WESTERN COLORADO CONGRESS; MR. AND MRS. CHARLES REEDER; VIRGIL AND LEE SPANN RANCHES, INC.; STATE ENGINEER; THREE RIVERS RESORT, INC.; UNCOMPAHGRE VALLEY WATER USERS ASSOCIATION; JOSEPH P. VADER; RAYMOND R. VAN TUYL; CHARLES RICHARD COLLARD; THOMAS E. COLLARD and TAYLOR PARK POOL ASSOCIATION, Objectors-Appellees, and KENNETH KNOX, Division Engineer, Water Division 4, Appellee pursuant to C.A.R. 1(e). Appeal from the District Court, Water Division 4 EN BANC JUDGMENT AFFIRMED Honorable Robert A. Brown, Judge JUSTICE KOURLIS delivered the Opinion of the Court. --------------------------------------------------------------- No. 00SA298 ARI ARMSTRONG, Protestor-Appellant, DONETTA DAVIDSON, in her official PETITIONS FOR REHEARING capacity as Secretary of State, Respondent-Appellee, and JOHN F. HEAD and ARNOLD GROSSMAN, Intervenors-Appellees. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (2 of 15) [9/11/2008 8:40:56 AM]
Petition for Rehearing DENIED. EN BANC. No. 00SC108 PETITIONS FOR WRIT OF CERTIORARI Court of Appeals No. 98CA0674 (12/23/99) REGIONAL TRANSPORTATION DISTRICT, Petitioner, OUTDOOR SYSTEMS, INC., Respondent. Petition for Writ of Certiorari GRANTED. EN BANC. SUMMARY OF ISSUES: Whether the Court of Appeals erred in ruling contrary to controlling caselaw by this Court, that a public entity acts as a condemnor even when the entity is a landlord terminating a lease according to its terms. Whether the court of appeals erred in determining that the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601 et seq. (1995), and the Colorado Relocation Assistance and Land Acquisition Policies Act, C.R. S. 24-56-101 et seq., 7 C.R.S. (2000), have retroactive application and therefore apply to property purchased by a governmental entity and later dedicated to a federally funded project. Whether the court of appeals erred in creating new rights in favor of respondent, and new liabilities against petitioner, even though the statutes cited by the Court of Appeals expressly state that they do not create new rights or liabilities. --------------------------------------------------------------- file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (3 of 15) [9/11/2008 8:40:56 AM]
No. 00SC500 Court of Appeals No. 98CA1543 (4/27/00) PHU C. HOANG, Petitioner, No. 00SC560 Court of Appeals No. 99CA0728 (5/25/00) ADAM TURLEY, Petitioner, J. STEWART JACKSON a/k/a STEWART JACKSON; J S J CORPORATION d/b/a BRITISH DOUBLE DECKER, LTD; and DENVER FIRE REPORTER & PROTECTIVE CO. d/b/a DENVER BURGLAR ALARM, INC., Respondents. No. 00SC603 Court of Appeals No. 98CA2378 (5/25/00) AURELIO SALAS, Petitioner, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (4 of 15) [9/11/2008 8:40:56 AM]
JUSTICE COATS does not participate. No. 00SC604 Court of Appeals No. 98CA2200 (4/20/00) PHOENIX VINCENT, Petitioner, No. 00SC606 Arapahoe County District Court No. 00CR1513 (4/26/00) MARK MANCANO, Petitioner, JUSTICE HOBBS and JUSTICE BENDER would grant the Petition as to the following issue: file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (5 of 15) [9/11/2008 8:40:56 AM]
Whether the district court improperly dismissed pro se defendant s appeal from the county court to the district court by refusing to docket defendant s in forma pauperis appeal, where the defendant timely filed a notice of appeal but did not pay the docket fee. No. 00SC623 Court of Appeals No. 99CA0967 (4/13/00) In Re the Marriage of: J. EUGENE ROGERS, Petitioner, and MARY ANN ROGERS n/k/a MARY ANN OSENTOSKI, Respondent. No. 00SC640 Court of Appeals No. 98CA0817 (4/27/00) STEVEN LAWRENCE ZAMORA, Petitioner, No. 00SC644 Court of Appeals No. 99CA1093 (6/29/00) file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (6 of 15) [9/11/2008 8:40:56 AM]
CYNTHIA L. PALMER, Petitioner, DENVER PUBLIC SCHOOLS, DISTRICT 1, Respondent. No. 00SC647 Court of Appeals No. 00CA0429 (6/15/00) ROBERT SCHWARTZ, Petitioner, JUSTICE RICE and JUSTICE COATS do not participate. No. 00SC648 Court of Appeals No. 98CA2331 (6/22/00) WILLIAM J. GARCIA, Petitioner, JUSTICE RICE does not participate. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (7 of 15) [9/11/2008 8:40:56 AM]
No. 00SC650 Court of Appeals No. 98CA2325 (6/22/00) WILLIAM J. GARCIA, Petitioner, JUSTICE RICE does not participate. No. 00SC653 Court of Appeals No. 99CA0316 (7/13/00) FRED WHATLEY, Petitioner, JUSTICE RICE and JUSTICE COATS do not participate. No. 00SC654 Court of Appeals No. 99CA0790 (7/13/00) LEWIS R. STORMS, Petitioner, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (8 of 15) [9/11/2008 8:40:56 AM]
JUSTICE RICE and JUSTICE COATS do not participate. No. 00SC655 Court of Appeals No. 99CA2336 (7/20/00) DEBORAH D. COMPTON, Petitioner, WESTERN PUBLISHING COMPANY; LIBERTY MUTUAL INSURANCE COMPANY; and/or THE INDUSTRIAL CLAIM APPEALS PANEL OF THE STATE OF COLORADO, Respondents. No. 00SC657 Court of Appeals No. 99CA0487 (5/25/00) MARK D. TIBBS, Petitioner, JUSTICE COATS does not participate. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (9 of 15) [9/11/2008 8:40:56 AM]
No. 00SC658 Court of Appeals No. 99CA0188 (6/8/00) DAVID PAUL PEREZ, Petitioner, No. 00SC660 Court of Appeals No. 99CA0859 (7/6/00) STEVEN S. SCHUMANN, Petitioner, No. 00SC663 Court of Appeals No. 99CA1956 (7/20/00) KAREN L. PIEL, Petitioner, INDUSTRIAL CLAIM APPEALS OFFICE OF THE file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (10 of 15) [9/11/2008 8:40:56 AM]
STATE OF COLORADO, SCHLAGE LOCK COMPANY and CNA INSURANCE COMPANY, Respondents. No. 00SC674 Court of Appeals No. 99CA0262 (4/20/00) CLINTON ERICKSON, Petitioner, JUSTICE COATS does not participate. No. 00SC682 Court of Appeals No. 99CA0509 (7/20/00) BARRY B. BURBIDGE, Petitioner, THE INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO and CF&I STEEL, LP, Respondents. No. 00SC684 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (11 of 15) [9/11/2008 8:40:56 AM]
Court of Appeals No. 98CA1411 (7/13/00) KELLY DAVIS, Petitioner, No. 00SC688 Court of Appeals No. 98CA2496 (5/25/00) THE PEOPLE OF THE STATE OF COLORADO, Petitioner, DEREK LAVAN JACKSON, Respondent. Petition for Writ of Certiorari GRANTED. EN BANC. SUMMARY OF ISSUE: Whether police officers must always have reasonable suspicion in order to question passengers of a stopped vehicle, or whether under some circumstances such questioning should be viewed as a consensual interview. No. 00SC691 Court of Appeals No. 99CA0464 (7/13/00) MARTIN CISNEROS, Petitioner, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (12 of 15) [9/11/2008 8:40:56 AM]
Petition for Writ of Certioari DENIED. EN BANC. JUSTICE COATS does not participate. No. 00SC692 Court of Appeals No. 99CA0517 (6/29/00) RAYMOND MATTHEWS, Petitioner, No. 00SC723 Court of Appeals No. 99CA1397 (7/27/00) RALPH BLAINE TAKEMIRE, Petitioner, No. 00SC805 Court of Appeals No. 99CA1572 (6/29/00) file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (13 of 15) [9/11/2008 8:40:56 AM]
S.G., Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent, and UPON THE PETITION OF THE EL PASO COUNTY DEPARTMENT OF HUMAN SERVICES, IN THE INTEREST OF A.D., Minor Child, JUSTICE KOURLIS and JUSTICE BENDER would grant the Petition as to the following issues: S.G., hereinafter "mother," asserts that 19-1-123, C.R.S., as amended, which provides for expedited permanency placement in some, but not all counties in Colorado, violates equal protection and due process guarantees of the state and federal constitutions. Mother further asserts that the statute is both unconstitutional on its face and unconstitutional as applied in her case. Mother asserts she was adversely affected by ineffective assistance of counsel who did not raise equal protection and due process claims in the trial court and who did not insure that the written order terminating the parent/child legal relationship was substantially the same as the court s oral ruling. Appellate counsel did not raise optional vs. mandatory schemes implements by the expedited permanency placement provisions. No. 00SC808 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (14 of 15) [9/11/2008 8:40:56 AM]
Court of Appeals No. 99CA2270 (8/24/00) C.M., Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent, In the Interest of: M.M. and D.C., Minor Children. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/11-20-00.htm (15 of 15) [9/11/2008 8:40:56 AM]