Opinion
05SA253, 05SC500, 04SA93, 06SA95, 06SC93, 06SA79, 05SC743, 05SC744, 05SC746, 05SC764, 06SC75, 05SC367, 05SC389, 05SC508.
September 12, 2006.
Appeal from the District Court, Weld County, 03CV1335 Docketed: September 2, 2005 At Issue: June 6, 2006.
Certiorari to the Colorado Court of Appeals, 03CA0391 Docketed: August 1, 2005 At Issue: June 8, 2006.
Original Proceeding in Contempt Docketed: March 18, 2004 At Issue: January 24, 2006.
Appeal from the District Court, Water Division 1, 98CW80 Docketed: March 28, 2006 At Issue: July 13, 2006.
Certiorari to the Colorado Court of Appeals, 04CA2192 Docketed: March 27, 2006 At Issue: July 10, 2006.
Original Proceeding, District Court, Pueblo County, 04CV53 Docketed: March 16, 2006 At Issue: July 7, 2006.
Certiorari to the Colorado Court of Appeals, 03CA2030, 03CA2236 03CA2187 Docketed: October 20, 2005, October 20, 2005 October 21, 2005 At Issue: June 29, 2006, June 23, 2006 June 30, 2006.
Certiorari to the Colorado Court of Appeals, 03CA1787 Docketed: October 31, 2005 At Issue: August 14, 2006.
Certiorari to the Colorado Court of Appeals, 05CA0167 Docketed: January 26, 2006 At Issue: June 30, 2006.
Certiorari to the Colorado Court of Appeals, 03CA1037 Docketed: June 30, 2005 At Issue: July 17, 2006.
Certiorari to the Colorado Court of Appeals, 02CA2544 03CA0379 Docketed: June 2, 2005 At Issue: August 3, 2006.
Certiorari to the Colorado Court of Appeals, 04CA0115 Docketed: July 22, 2005 At Issue: July 3, 2006.
Timothy R. Buchanan, Alan E. Curtis, Kara Godbehere Goodwin, Timothy R. Buchanan, P.C., For the Plaintiffs/Appellants/Cross-Appellees.
John W. Suthers, Attorney General, Patrick Kowaleski, First Assistant Attorney General and Alexandra L. Davis, Assistant Attorney General, Natural Resources and Environment Section, For the Defendant/Appellee/Cross-Appellant Colorado Ground Water.
P. Andrew Jones, Bradley C. Grasmick, Lind, Lawrence Ottenhoff, LLP, For Defendants/Appellees/Cross-Appellants William Anderson; Larry L. Croissant; Jean L. Croissant; Town of Grover c/o Rick Hayes; Hereford Farms, LLC c/o Jerry Burnett, et al.
Ken Copple, For Defendants/Appellees/Cross-Appellants Charles E. Nussbaum; Dorothy L. Nussbaum; James L. Karst; Judy Karst; Kenneth Everitt, et al.
Anne J. Castle, Christopher L. Thorne, Holland Hart, LLP, For Amicus Curiae Five Rivers Ranch Cattle Feeding LLC.
Michael D. Shimmin, Vranesh and Raisch, LLP, For Amicus Curiae Marks Butte, Frenchman, Sand Hills, Central Yuma, W-Y, Arikaree and Plains Ground Water Management Districts.
Sarah A. Klahn, Jason V. Turner, White Jankowski, LLP, For Amicus Curiae Stulp Investment Co., LLC; John Timothy Stulp, LLC; and Timothy A. Stulp.
David C. Taussig, White Jankowski, LLP, For Amicus Curiae Town of Genoa Robert E. Boyd.
Jean E. Dubofsky, Jean E. Dubofsky, P.C. and Dean Neuwirth, Dean Neuwirth, P.C., For the Petitioner.
John W. Suthers, Attorney General, Cheryl Hone, Assistant Attorney General, Appellate Division Criminal Appeals Unit, For the Respondent.
James Coyle, Deputy Regulation Counsel, For the Petitioner.
Paul Grant, For the Respondent.
Wayne B. Schroeder, Jody Harper Alderman, Carrie S. Bernstein, Grimshaw Harring, P.C., For the Applicant/Appellant.
Richard T. LiPuma, Lind, Lawrence Ottenhoff, LLP, Applicant/Appellant: For the Objectors/Appellees: Upper Black Squirrel Creek Ground Water Management District.
John W. Suthers, Attorney General, Jennifer Mele, Assistant Attorney General, Water Rights Unit, Natural Resource Environment Section, Ground Water Commission and the State Engineer.
William A. Alexander, Jr. and Patrick C.H. Spencer, II, Spencer Spencer, P.C., For the Petitioner.
Harvey D. Flewelling, For Respondents Pinnacol Assurance and Timothy R. Kanau d/b/a Kanau Drilling.
John W. Suthers, Attorney General, Vincent E. Morscher, Assistant Attorney General, Civil Litigation and Employment Law Section, For Respondent Industrial Claims Appeals Office.
T. Paul Krueger, II Ritsema Lyon, P.C., For Amicus Curiae Colorado Self Insurers Association.
Michelle L. LaForett, Pepe J. Mendez and Associates, P.C., For Amicus Curiae for Workers Compensation Education Association (WCEA).
Jim Leventhal, Timothy G. Buxton, Benjamin Sachs, Leventhal Brown Puga, P.C., For the Petitioners.
John M. Palmeri Kimberly F. Wells White and Steele, P.C., For the Respondent Kevin Weber, M.D..
Stephen J. Hensen Tiemeier and Hensen, P.C., For the Respondent Matthew Sumpter, M.D..
Aaron P. Bradford, Elizabeth C. Moran, Pryor Johnson Carney Karr Nixon, P.C., For the Respondent Pueblo Cardiology.
John L. Conklin Martin Conklin, P.C., For Amicus Curiae Kaiser Foundation Health Plan of Colorado.
Patrick T. O'Rourke, Special Assistant Attorney General, Office of University Counsel, and Kari M. Hershey, Budman Mastin Hershey, LLC, For Amicus Curiae the University of Colorado.
John R. Mann, Kennedy Childs Fogg, P.C., For Amicus Curiae Colorado Defense Lawyers' Association.
John Robert Holland, Anna Cayton-Holland, Law Office of John Robert Holland, P.C. and Jerome M. Reinan, Law Offices of J.M. Reinan, P.C., For Amicus Curiae for Colorado Trial Lawyers Association.
Patricia K. Kelly, City Attorney/Chief Legal Officer, Shane White, Senior Attorney, For the Petitioner.
Glenn S. Pressman, P.C. Melat, Pressman Higbie, LLP, For Respondents.
Patricia K. Kelly, City Attorney/Chief Legal Officer, Shane White, Senior Attorney, For the Petitioner Colorado Springs.
Lori L. Seago, Assistant County Attorney, For the Petitioner Board of County Commissioners.
M.E. MacDougall, MacDougall, Woldridge Worley, P.C., For the Respondents.
David R. Brougham, Thomas J. Lyons, Hall Evans, LLC, For the Petitioner.
Karen Colburn, Roger Fraley, Jr., For the Respondent.
John W. Suthers, Attorney General, Christine C. Brady, Assistant Attorney General, Appellate Division, Criminal Justice Section, For the Petitioner.
Lauretta A. Martin, Neff Neff Services, Inc., For the Respondent.
Davide C. Migliaccio, For the Petitioner.
Laura C. Rhyne, Deputy County Attorney, Office of the El Paso County District Attorney, For the Respondent.
Nancy J. Walker-Johnson Guardian ad Litem, For the Minor Child.
Michael T. McConnell, Troy R. Rackham, McConnell Siderius Fleischner Houghtaling Craigmile, LLC, For Petitioners.
Dennis J. Bartlett, Marc R. Brosseau, Kerr Brosseau Bartlett O'Brien, LLC, For Respondent.
David H. Yun, Karen M. Kwon, Jaudon Avery LLP, For Amicus Curiae the Colorado Bar Association.
Lee Mickus, Marsha Piccone, Snell Wilmer, L.L.P. and David W. Stark, Faegre Benson LLP and Bruce F. Black, Holme Roberts Owen, LLP and Philip Cardi, Jackson Kelly PLLC and Frederick J. Baumann, Rothgerber, Johnson Lyons, LLP and John D. Phillips, Shugart Thomson Kilroy, P.C., Amicus Curiae for "Law Firms".
James A. Cederberg, Buchanan, Jurdem Cederberg, P.C., Amicus Curiae for Colorado Trial Lawyers Association.
D. Bruce Coles, Fish Coles, Amicus Curiae for Jeffrey Hill, Chapter 7 Trustee for MS55, a/k/a MSHOW. com, Inc.
Ronald M. Sandgrund, Scott F. Sullan, Joseph F. Smith, Leslie A. Tuft, Vanatta, Sullan, Sandgrund Sullan, P.C., For Petitioners Doug T. Hoang, Hieu T. Van, Gregory Storbakken, Joan Storbakken, Allan Walts and Marsha Walts.
Dennis B. Polk, Holley, Albertson Polk, P.C. and Patrick J. Casey, Lottner Rubin Fishman, Brown Saul P.C., (did not file on the merits), For Petitioner Monterra Homes (Powderhorn), LLC.
Sean Connelly, Eric Fisher, Reilly Pozner Connelly, LLP and Bruce R. Meckler, Christopher E. Kentra, Meckler Bulger Tilson, For Respondents.
Jesse Howard Witt, Benson Associates, P.C., For Amicus Curiae Homeowners Against Deficient Dwellings.
T. Cass McKenzie, McKenzie, Rhody Hearn, LLC, For Amicus Curiae Community Associations Institute.
Victoria Swanson, Sears Swanson, P.C., For Amicus Curiae Colorado Trial Lawyers Association.
Chris Mattison, Hall Evans, LLC, For Amicus Curiae Complex Insurance Claims Litigation Association.
John W. Suthers, Attorney General, Christine C. Brady, Assistant Attorney General, Appellate Division, Criminal Justice Section, For the Petitioner.
David S. Kaplan, Colorado State Public Defender, Kathleen A. Lord, Deputy State Public Defender, For the Respondent.
ISSUE(S): Issues for Plaintiffs/Appellants/Cross-Appellees:
Whether, as a matter of law, a senior surface water right owner has the burden of demonstrating injury to vested water rights caused by the pumping of junior ground water rights in designated ground water basin prior to administration of junior ground water rights by the Colorado Ground Water Commission ("Commission").
Whether, as a matter of law, a reduction in water available from the surface stream demonstrates unreasonable injury to that senior surface water right.
Whether, as a matter of law, surface diversions by a senior water right in a designated basin constitute an unreasonable method of diversion to the detriment of junior ground water rights.
Whether, as a matter of law, the Commission may claim the "futile call doctrine" as justification for denying administration of junior ground water rights for the benefit of senior surface water rights in a designated basin.
Issues for the Defendants/Appellees/Cross-Appellants:
Whether the Commission is legally required to administer wells withdrawing "designated ground water" for the benefit of surface water rights adjudicated to divert "waters of . . . [a] natural stream"?
Whether the doctrines of res judicata preclude the Gallegos' claims to have wells within a designated basin curtailed for the benefit of their surface water rights?
ISSUE(S):
Whether the unit of prosecution for the crime of solicitation permits a single conviction based on evidence that the defendant independently solicited two different people for the same crime?
ISSUE(S):
Whether Ms. Shell was denied the due process and other protections guaranteed to her as a criminal defendant, guarantees of the state and federal constitutions, including the right to a jury trial, the right to be free from compelled pre-trial testimony, the due process and equal protection right to have her trial governed by the Colorado Rules of Criminal Procedure, the right to be tried by a neutral fact-finder, and many others.
Whether there was insufficient evidence presented to show any violation of any court order, hence insufficient evidence to support a finding of any willful violation of a court order, hence insufficient evidence to support a finding of contempt.
Whether the findings of fact by the hearing master are unsupported by and contradicted by the record.
Whether this court and the hearing master are without any jurisdiction to punish Ms. Shell for any actions she may have taken in filing and pursuing a case in the United States District Court for the District of Colorado.
Whether "Unauthorized practice of law" is inadequately defined in Colorado, leaving this area of the "law" unconstitutionally vague and overbroad, making any punishment of Ms. Shell unconstitutional as applied to her. Whether the hearing master failed to define the term.
Whether the contempt citation was based on allegations of actions which are constitutionally protected, and, therefore, failed to confer jurisdiction in this contempt proceeding.
Whether the punishment recommended exceeds what was authorized by the contempt citation.
Whether Ms. Shell has been arbitrarily denied the due process protections of the United States and Colorado Constitutions by this court summarily denying her request that a transcript of the proceedings be provided at state expense. She should not be denied due process protections simply because she lacks the funds to pay for a transcript.
ISSUE(S):
Whether the water court erred by ordering that Cherokee may use Wells 1-8 to supply water outside the Upper Black Squirrel Creek Designated Ground Water Basin only for the purpose of emergency and backup when its Sweetwater Wells are unable to produce a sufficient supply of water "to meet the commitments that existed at the time the parties entered the Stipulation."
Whether the water court erred by failing to address Cherokee's claim that the State Engineer is estopped from asserting its present argument because Cherokee relied on the State Engineer's statements prior to the fall of 2004, that permitted Cherokee to use Wells 1-8 for deliveries outside the Upper Clack Squirrel Creek Designated Ground Water Basin.
ISSUE(S):
Whether, in cases where a claimant has successfully challenged an initial MMI rating through the DIME process, the claimant must request a follow-up DIME in accordance with section 8-42-107, 107.2 in order to challenge the subsequent MMI rating.
ISSUE(S):
Whether the district court erred by authorizing ex parte communications between defense counsel and Plaintiff Duane Reutter's treating physicians and other health care providers, in violation of the rule adopted in Samms v. District Court, as well as HIPAA and its implementing regulations, all of which require that reasonable notice and opportunity to be present be provided to the Plaintiffs?
ISSUE(S):
Whether the court of appeals correctly determined that House Bill 03-1288 is prospective in application.
ISSUE(S):
Whether the court of appeals erred in dismissing this case on speedy trial grounds.
ISSUE(S):
Whether the court of appeals correctly determined that Petitioner waived her right to appeal the Amended Order Terminating Maternal Rights by failing to raise her claim before the district court.
Whether the Amended Order Terminating Maternal Rights constituted a final judgment within the meaning of C.A.R. 1(a).
Whether Petitioner demonstrated excusable neglect sufficient to warrant the excusal of her failure to seek review of the Amended Order Terminating Maternal Rights within five days.
Whether the court of appeals correctly determined that Petitioner waived her ineffective assistance of counsel claim by failing to raise her claim before the district court.
ISSUE(S):
Whether Colorado law recognizes a fiduciary duty owed by an insolvent debtor's officer to the debtor's creditors and, if so, whether 11 U.S.C. § 544(a) and Colorado law permit a bankruptcy trustee, acting as a hypothetical judgment lien creditor, to sue the debtor's lawyer for aiding and abetting the debtor's officer breach this fiduciary duty.
Whether a lawyer can be liable for aiding and abetting a breach of fiduciary duty of his client's officer to a non-client.
ISSUE(S):
Whether liability insurance coverage for property damage is voided if the damage occurs while a claimant's predecessor in interest owns the damaged property, despite the insured being found legally liable to pay all the claimant's damages, including damages attributable to such property damage, a view every other state and federal court has rejected?
ISSUE(S):
Whether the district court has jurisdiction to grant the People's Crim. P. 35(a) motion to correct illegal sentence after the Colorado Supreme Court reverses the Colorado Court of Appeals' erroneous interpretation or application of a statute.