Opinion
No. 82SC309
Decided November 29, 1983.
Certiorari to the Colorado Court of Appeals
J.D. MacFarlane, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Joel W. Cantrick, Solicitor General, David K. Rees, Janet L. Miller, Assistant Attorney Generals, for Petitioner.
Caplan Earnest, Gerald A. Caplan, for Respondent.
This case has been heard and reviewed by the court. Chief Justice Erickson, Justice Lohr, and Justice Quinn favor affirmance of the judgment of the Court of Appeals. Biella v. State Department of Highways, 652 P.2d 1100, (Colo.App. 1982). Justice Rovira, Justice Dubofsky, and Justice Kirshbaum are in favor of reversal. Justice Neighbors was the trial judge and did not participate.
Accordingly, the judgment is affirmed by operation of law because of an equally divided court. C.A.R. 35(e). Justice Neighbors does not participate.