CHIEF JUSTICE RICE delivered the Opinion of the Court. 1 In this interlocutory appeal from the water court, the applicants seek to change the use of an absolute water right. The relevant decree for that right expressly identifies the precise acres to be irrigated. To ensure that their proposed change would not result in an unlawful expansion of use, the applicants conducted a historical consumptive use ("HCU") analysis to determine the amount of water previously used in accordance with...
JUSTICE EID delivered the Opinion of the Court. 1 In this case, we consider whether the Special District Act (the "Act"), sections 32-1-101 to -1807, C.R.S. (2014), gives special districts the power to assign to a private party the right to receive development fees. Here, Cherry Creek South Metropolitan District #1 ("the District") assigned to a predecessor-in-interest of petitioner SDI, Inc. ("SDI") the right to receive fees that the District had assessed upon developers within its...
JUSTICE HOBBS delivered the Opinion of the Court. 1 This original proceeding addresses whether a default judgment may be set aside as void for lack of jurisdiction due to the existence of a contractual forum selection clause purporting to divest Colorado courts of jurisdiction over the matter. After the trial court set aside its default judgment, the plaintiff, Christopher Nickerson, filed this C.A.R. 21 petition seeking to reinstate the default judgment entered against the defendants,...
CHIEF JUSTICE RICE delivered the Opinion of the Court. 1 This case requires us to determine whether the doctrine of res ipsa loquitur shifts the burden of proof to the defendant, as we held in Weiss v. Axler, 137 Colo. 544, 559, 328 P.2d 88 , 96-97 (1958), or whether it shifts only the burden of production, in accordance with the more recently adopted Colorado Rule of Evidence ("CRE") 301. 1 While the court of appeals felt compelled to follow Weiss and disregard CRE 301 in the...
CHIEF JUSTICE RICE delivered the Opinion of the Court. 1 We granted certiorari to determine whether Respondents Freedom from Religion Foundation ("the Foundation") and four of its Colorado members ("the Colorado members") have standing to sue Petitioner Governor John Hickenlooper ("the Governor") in his official capacity for issuing annual honorary proclamations that recognize a "Colorado Day of Prayer." 1 Contrary to the court of appeals, we hold that the use of public funds to cover...
JUSTICE HOBBS delivered the Opinion of the Court. 1 In 2010, the Colorado General Assembly adopted amendments to existing statutes governing the Colorado Public Employees' Retirement Association ("PERA") pension program. To address economic conditions and projections demonstrating a severely underfunded plan, the legislature approved measures designed to protect present and future retirees by providing for an adequately funded plan. The stated goal of Senate Bill 10-001 was to make "...
JUSTICE EID delivered the Opinion of the Court. 1 Petitioner-Defendant Cedar Springs Hospital, Inc. ("Cedar Springs") petitioned this Court under C.A.R. 21 to issue a rule to show cause challenging the trial court's order that it produce materials related to quality management. In the underlying medical malpractice case, Respondent-Plaintiff Scott R. Simpson ("Simpson") sought to obtain the minutes from meetings of two Cedar Springs quality management committees. Cedar Springs refused to...
CHIEF JUSTICE RICE delivered the Opinion of the Court. 1 The People bring this interlocutory appeal pursuant to C.A.R. 4.1 and section 16-12-102(2), C.R.S. (2014), seeking review of the trial court's order suppressing drug evidence that was seized after a traffic stop. 2 The undisputed evidence in this case establishes that the police officer who seized the drug evidence had reasonable suspicion to stop the vehicle driven by the Defendant, Christopher Vaughn, as well as probable cause to...
JUSTICE EID delivered the Opinion of the Court. 1 In this opinion, we review the actions of the Title Board in considering challenges to the titles, ballot titles, and submission clauses of Proposed Initiative 2013-2014 #103. After the Title Board set titles and submission clauses for the proposed initiative, the petitioners moved for a rehearing, claiming that the initiative contained more than one subject and was impermissibly vague. One of the proposed initiative's designated...
JUSTICE BOATRIGHT delivered the Opinion of the Court. 1 In this original proceeding under section 1-40-107(2), C.R.S. (2013), we review the Ballot Title Setting Board's ("Title Board") findings that proposed initiative 2013-2014 # 89 ("Initiative # 89"), its title, and its ballot title and submission clause (collectively, the "Titles") contain a single subject and that the Titles are clear. 1 We hold that Initiative # 89 and its Titles state a single subject and that the Titles satisfy...
JUSTICE M RQUEZ delivered the Opinion of the Court. 1 In this opinion, we review the actions of the Title Board in setting titles and ballot title and submission clauses (collectively, "titles") for Initiatives 2013-2014 # 90 and # 93 (collectively, "Proposed Initiatives"). 1 We hold that each of the Proposed Initiatives contain one subject — the expansion of local governments' authority to enact laws regulating oil and gas development that are more restrictive than state law. We also hold...
JUSTICE M RQUEZ delivered the Opinion of the Court. 1 In this opinion, we review the actions of the Title Board in setting titles and ballot title and submission clauses (collectively, "titles") for Initiatives 2013-2014 #85, #86, and #87 (collectively, "Proposed Initiatives"). 1 We hold that each of the Proposed Initiatives contains one subject — the creation of a statewide setback from occupied structures for new oil and gas wells. We also hold that the titles set by the Title Board...
JUSTICE BOATRIGHT delivered the Opinion of the Court. 1 We granted certiorari to consider whether summary judgment is ever appropriate in dependency and neglect adjudications involving prospective harm. The court of appeals held that a trial court can never grant summary judgment in prospective harm cases because reasonable minds can always draw differing inferences from the evidence. We, however, conclude that, when the underlying material facts are undisputed, reasonable minds could...
JUSTICE COATS delivered the Opinion of the Court. 1 Owens and Ray petitioned pursuant to C.A.R. 21 for relief from a series of discovery rulings of the district court relative to post-conviction proceedings in their respective death penalty cases. Each had moved to discover the prosecution's investigation of the claims raised by Owens's motion for post-conviction review, on the grounds that such disclosure was required either by Crim. P. 16 or by the federal or state constitution. The...
JUSTICE HOBBS delivered the Opinion of the Court. 1 The Division of Motor Vehicles, a section of the Colorado Department of Revenue (the "Department"), revoked Andrew Hanson's driver's license, following a hearing officer's determination that Hanson had improperly refused a blood alcohol test in violation of sections 42-2-126, C.R.S. (2013), 1 and 42-4-1301.1, C.R.S. (2013). The district court and the court of appeals both affirmed the Department's decision. Hanson petitioned us for review....
JUSTICE HOBBS delivered the Opinion of the Court. 1 The Division of Motor Vehicles, a section of the Colorado Department of Revenue (the "Department"), revoked Tom Francen's driver's license, following a hearing officer's determination that Francen had driven a motor vehicle with a blood alcohol content ("BAC") in excess of the statutory maximum. See 42-2-126(3)(a)(I), C.R.S. (2011). The district court reversed, holding that the initial stop of Francen's vehicle was not supported by...
JUSTICE EID delivered the Opinion of the Court. 1 A search of the respondent Joddy Carbajal's residence led to the discovery of three firearms. Carbajal had previously been convicted of a felony, and was charged with three counts of Possession of a Weapon by a Previous Offender ("POWPO"). At trial, Carbajal raised as an affirmative defense that he possessed the weapons for the purpose of defending his home, person, and property. Over Carbajal's objection, the trial court modified the stock...
JUSTICE COATS delivered the Opinion of the Court. 1 Benefield and other current or former members of the House of Representatives sought review of the court of appeals' judgment in Colorado Republican Party v. Benefield, ___ P.3d, ___ (Colo.App. No. 10CA2327, Nov. 10, 2011), which reversed the district court's order denying costs and attorney fees for the Colorado Republican Party. After assessing the extent to which the Party prevailed overall in its action for inspection of public...
JUSTICE EID delivered the Opinion of the Court. 1 Public Service Company of Colorado ("the taxpayer"), a producer of electricity, brought a tax refund claim against the Department of Revenue of the State of Colorado ("the Department") and its executive director, Barbara Brohl, in her official capacity. The taxpayer argued that it was entitled to a refund because it had paid taxes when it was actually eligible for an exemption under section 39-26-709(1)(a)(II), C.R.S. (2013), which provides...
JUSTICE COATS delivered the Opinion of the Court. 1 Sanchez petitioned for review of the court of appeals' judgment in People v. Sanchez, No. 08CA630, 2011 WL 486489 (Colo. App. Feb. 10, 2011) (not published pursuant to C.A.R. 35(f)), which affirmed his conviction of first degree murder. Among other things, the defendant assigned error to the district court's denial of his motion to suppress, as a violation of his Miranda rights, statements he made to the New Mexico police shortly after...
