Opinion
24SC251
09-03-2024
Erin O'Connell, Petitioner v. Woodland Park School District; Woodland Park School District Board of Education; Mike Bates, in his official capacity as a Board Member; David Illingworth, II, in his official capacity as a Board Member; Cassie Kimbrell, in her official capacity as a Board Member; Suzanne Patterson, in her official capacity as a Board Member; and David Rusterholtz, in his official capacity as a Board Member, Respondents
Court of Appeals Case No. 23CA514
Petition for Writ of Certiorari DENIED.
CHIEF JUSTICE MÁRQUEZ and JUSTICE HART would grant as to the following issue:
Whether, in light of its affirmance of the judgment in favor of O'Connell, the Court of Appeals (COA) was required to award appellate attorney fees under section 24-72-204(5)(b), C.R.S., and under the Court's holding in Benefield v. Colo. Republican Party, 2014 CO 57.
JUSTICE HART would grant as to the following issue:
Whether the COA's application of CAR 39.1's procedural requirements to deny appellate attorney fees violates section 24-72-204(5)(b), C.R.S. and contravenes this court's clear precedent in Benefield, supra.