Bd. of Cnty. Comm'rs of Summit Cnty. v. Rodgers

2 Citing cases

  1. Tisch v. Tisch

    439 P.3d 89 (Colo. App. 2019)   Cited 14 times
    In Tisch, Daniel and Eva Tisch (“Tisch siblings”) brought individual and derivative claims against their brother, Gary Tisch (“Gary”), for misappropriating corporate profits from their closely held corporation, Liquor Barn, and diverting the profits to himself and his other businesses.

    Put differently, the party must give the trial court an opportunity to rule on the issue as a matter of law at trial. See generally Bd. of Cty. Comm’rs v. Rodgers , 2015 CO 56, ¶ 14, 355 P.3d 1253 (summary judgment and directed verdict employ the same standard — judgment as a matter of law). ¶49 Here, Gary preserved this argument when he reraised it during trial and sought a directed verdict on the civil theft claim.

  2. Bd. of Cnty. Comm'rs of the Cnty. of Weld v. DPG Farms, LLC

    487 P.3d 291 (Colo. App. 2017)   Cited 7 times

    The district court determined that the highest and best use of those acres was gravel mining, but not water storage as well. ¶ 16 The determination of a property's highest and best use is generally a factual question for the jury unless the evidence of highest and best use is so improbable or speculative that it should be excluded from the jury as a matter of law. City of Quincy v. Diamond Constr. Co ., 327 Ill.App.3d 338, 261 Ill.Dec. 141, 762 N.E.2d 710, 715 (2002) ; cf. Bd. of Cty. Comm'rs v. Rodgers , 2015 CO 56, ¶¶ 13, 15-17, 355 P.3d 1253 (explaining that, after presentation of evidence, if the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may resolve the issue against the party as a matter of law). ¶ 17 After DPG's experts testified about the Property's highest and best use, the district court determined, as a matter of law, that the evidence was too speculative to support a finding that water storage was the highest and best use of Cell C. We review that legal conclusion de novo.