OPINIONS
The Supreme Court of the State of Colorado
2 East 14th Avenue • Denver, Colorado 80203
2016 CO 17
Supreme Court Case No. 14SA348
Appeal from the District Court
Weld County District Court, Water Division 1, Case No. 10CW320
Honorable James F. Hartmann, Water Judge
Concerning the Application for Water Rights of County of Boulder in Boulder County
Applicant–Appellant:
County of Boulder, a body corporate and politic,
v.
Opposers–Appellees:
Boulder and Weld County Ditch Company, Water Users Association of District No. 6, The Farmers Reservoir and Irrigation Company, City of Boulder, Town of Erie, and City of Lafayette,
and
Appellees:
State Engineer and Division Engineer for Water Division No. 1.
Judgment Affirmed
en banc
JUSTICE HOOD delivered the Opinion of the Court.
JUSTICE COATS concurs in the judgment only, and JUSTICE EID joins in the concurrence in the judgment only.
PETITIONS FOR REHEARING
NONE
CERTIFICATION OF QUESTION OF LAW PURSUANT TO C.A.R. 21.1
No. 15SA281, In re: Johnson, Lisa v. School District No. 1 United States Court of Appeals for the Tenth Circuit. Question ACCEPTED ON March 18, 2016.
PETITIONS FOR WRIT OF CERTIORARI
No. 15SC287
Court of Appeals Case No. 11CA2607
Petitioner:
Burnell Darryl Peppers,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC373
Court of Appeals Case No. 12CA2169
Petitioner:
Robert Turner,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC386
Court of Appeals Case No. 11CA2608
Petitioner:
Burnell Darryl Peppers,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC413
Court of Appeals Case No. 12CA1442
Petitioner:
Michael Anthony Ardia,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC459
Court of Appeals Case No. 13CA400
Petitioner:
Jose Angel Parra,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC466
Court of Appeals Case No. 13CA39
Petitioner:
David Monroe Bean,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC487
Court of Appeals Case No. 12CA103
Petitioner:
Garey Cisco Proctor,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC489
Court of Appeals Case No. 11CA1805
Petitioner:
Kyle Ryan Stirzinger,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC503
Court of Appeals Case No. 12CA2142
Petitioner:
Lisa Marie Lambert,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC517
Court of Appeals Case No. 14CA748
Petitioner:
Theodore Wolfin Dyer, Individually and as the Personal Representative of the Estate of
Dorothy Anne Dyer,
v.
Respondent:
Frederick James Dyer.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC552
Court of Appeals Case No. 12CA2067
Petitioner:
Tyler Michael Winters,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC554
Court of Appeals Case No. 11CA2087
Petitioner:
Corey Arnett Johnson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC563
Eagle County District Court Case No. 14CV30277
Petitioner:
Erica Cleaver n/k/a Klausing,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC611
Court of Appeals Case No. 13CA1761
Petitioner:
Harley David Sharp,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC. JUSTICE GABRIEL does not participate.
No. 15SC613
Court of Appeals Case No. 11CA2603
Petitioner:
Allen Wayne Stewart,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC644
Court of Appeals Case No. 13CA2051
Petitioner:
Willie Dee Hayward, Jr.,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC672
Court of Appeals Case No. 13CA464
Petitioner:
Tracy L. Spencer,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC682
Court of Appeals Case No. 13CA553
Petitioner:
Erick John Stephens,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC694
Court of Appeals Case No. 14CA338
Petitioner:
Thomas J. Howell,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC701
Court of Appeals Case No. 13CA2283
Petitioners:
Crea J. McMullin and Martha E. McMullin,
v.
Respondent:
John Hauer, individually and on behalf of homeowners association of Two Rivers
Estates; Sena Hauer, individually and on behalf of homeowners association of Two
Rivers Estates; Lincoln Trust FBO John Hauer; Joseph Conrado; and Kelly Conrado.
Petition for Writ of Certiorari GRANTED. EN BANC. JUSTICE GABRIEL DOES NOT PARTICIPATE.
Summary of Issue:
[REFRAMED] Whether the court of appeals erred in holding that Two Rivers Estates is a common interest community by implication.
DENIED AS TO ALL OTHER ISSUES.
No. 15SC736
Court of Appeals Case No. 14CA835
Petitioners:
HBG Neighborhood and Community Organization, a Colorado non-profit corporation organized under the laws of the State of Colorado and registered with the City of Lakewood as a Neighborhood and Community Organization; Paul Campbell; Mary Campbell; Heather Wenger; William Marcoux; Joni Marcoux; Michael Bugarin; Gordon Erskine; Pauline Erskine; Brett Johnson; and Tracy Gibbons; v.
Respondent:
City of Lakewood, a municipal corporation, State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC742
Court of Appeals Case No. 13CA2110
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Alexander L. Wolf.
Petition for Writ of Certiorari GRANTED. EN BANC.
Summary of Issue:
Whether the court of appeals erred in holding Amendment 64 applies retroactively.
No. 15SC746
Jefferson County District Court Case No. 15CV30065
Petitioner:
Rourke Harris,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC752
Court of Appeals Case No. 12CA2607
Petitioner/Cross-Respondent:
The People of the State of Colorado,
v.
Respondent/Cross-Petitioner:
Pamela Kathleen Boyd.
Petition for Writ of Certiorari GRANTED. Cross-Petition for Writ of Certiorari DENIED. EN BANC.
Summary of Issue:
Whether the court of appeals erred in holding Amendment 64 applies retroactively. DENIED AS TO ALL OTHER ISSUES.
No. 15SC782
District Court, City and County of Denver, Case No. 14CV32153
Petitioner:
Moses Bellamy,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC785
Court of Appeals Case No. 12CA1771
Petitioner:
Wesley Adam Specht,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC786
Court of Appeals Case No. 12CA2132
Petitioner:
Darold Norman Hinojos,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC790
Larimer County District Court Case No. 15CV30172
Petitioner:
Eric Scott Noffsinger,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC821
Court of Appeals Case No. 12CA1872
Petitioner:
Sergio A. Barron,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC830
Boulder County District Court Case No. 14CV31262
Petitioner:
Edward Robert Ryan,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC833
Court of Appeals Case No. 13CA1828
Petitioner:
Ryan Michael Cantor,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC834
Court of Appeals Case No. 12CA2505
Petitioner:
The People of the State of Colorado,
v.
Respondent:
Dennis Spencer.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC851
District Court, Adams County, Case No. 14CV32179
Petitioner:
City of Westminster,
v.
Respondent:
Spencer Olguin.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC853
Court of Appeals Case No. 14CA1271
Petitioners:
Delberta Susi Gida and John Gida,
v.
Respondents:
Chris D. Guadagnoli and Safe Site, Inc.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC855
Court of Appeals Case No. 12CA2601
Petitioner:
Tyrel Jordan Walker,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC865
Court of Appeals Case No. 14CA1620
Petitioner:
James William DeHaven,
v.
Respondents:
Law Firm of Peter B. Albani and Robert Grossman.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC898
Court of Appeals Case No. 14CA1120
Petitioner:
Nathan Ybanez
v.
Respondents:
Colorado Department of Corrections; Rick Raemisch, in his official capacity as the Executive Director of the Colorado Department of Corrections; Sterling Correctional Facility; and James Falk, in his official capacity as the Warden of the Sterling Correctional Facility.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC904
Court of Appeals Case No. 13CA1909
Petitioner:
Anthony Colman,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC928
Court of Appeals Case No. 13CA931
Petitioner:
Frani Lisa Olivas,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC936
Court of Appeals Case No. 14CA69
Petitioner:
Erick Salazar-Rivasplata,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC940
Court of Appeals Case No. 15CA1163
Petitioner:
Harry Herceglic,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC944
Court of Appeals Case No. 14CA1777
Petitioner:
Dawn Marie Scott,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC946
Court of Appeals Case No. 13CA1345
Petitioner:
Mirner Herman Brown, Jr.,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC951
Court of Appeals Case No. 14CA1516
Petitioner:
Jason Daniel Spicer,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC952
Court of Appeals Case No. 12CA2452
Petitioner:
Joseph Nelson,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC953
Court of Appeals Case No. 13CA1009
Petitioner:
Andre Lavar Isler,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC954
Court of Appeals Case No. 13CA824
Petitioner:
Coyle Lovell Kennedy,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC955
Court of Appeals Case No. 13CA1013
Petitioner:
Travis James Barela,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC957
Court of Appeals Case No. 14CA692
In re the Parental Responsibilities of K.A.B., Minor Child
Petitioners/Cross-Respondents:
S.B., J.B., and C.T. n/k/a C.M., v.
Respondent/Cross-Petitioner:
R.M.
Cross-Petition for Writ of Certiorari is DENIED. Petition for Writ of Certiorari of C.M. is DENIED. Petition for Writ of Certiorari of S.B. and J.B. is GRANTED as to the following issue: Whether the court of appeals opinion conflicts with this court’s recently decided case, In re Baby A, 2015 CO 72, 363 P.3d 193.
The judgment of the Colorado Court of Appeals is vacated, and the case is remanded to the Colorado Court of Appeals for reconsideration in light of In re Baby A, 2015 CO 72, 363 P.3d 193. EN BANC.
DENIED AS TO ALL OTHER ISSUES.
No. 15SC959
Court of Appeals Case No. 14CA2255
Petitioner:
Michael Joseph Wirsing,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC960
Court of Appeals Case No. 14CA711
Petitioner:
Shawn Calvin Watkins,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC961
Court of Appeals Case No. 13CA765
Petitioner:
Randall M. Minor,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC982
Court of Appeals Case No. 14CA140
Petitioner:
Eric George Sokolik,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC983
Court of Appeals Case No. 13CA1792
Petitioner:
Robert Anthony Pemberton,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC984
Court of Appeals Case No. 15CA1113
Petitioner:
Kevin D. Workman,
v.
Respondents:
Goodwill Industries of Denver and Industrial Claim Appeals Office.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC985
Court of Appeals Case No. 14CA58
Petitioner:
Waldo Mackey,
v.
Respondents:
Executive Director of the Colorado Department of Corrections, Lt. Beneze, M. Garcia,
Marshall Griffith, Joy Hart, Mira Loingloss, Kirk Machin, Major Miklich, Diana Miller,
Keith Nordell, R. Viola, and Lt. Worthen.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC987
Court of Appeals Case No. 12CA1937
Petitioner:
Roney H. McConnell,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC988
Court of Appeals Case No. 13CA1211
Petitioner:
Domingo Michael Padilla,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
No. 15SC1062
Court of Appeals Case No. 14CA1348
Petitioners:
School District No. 1, in the City and County of Denver; Colorado State Board of Education Members; Valentina Flores; Debora Scheffel; Pam Mazanec; Steve Durham; Marcia Neal; Jane Goff; Joyce Rankin; and Angelika Schroeder in their official capacities as members of the Colorado State Board of Education,
v.
Respondents:
Cynthia Masters, Michelle Montoya, Mildred Anne Kolquist, Lawrence Garcia, Paula Scena, Jane Harmon, Lynne Rerucha, and Denver Classroom Teachers Association.
Petitions for Writ of Certiorari GRANTED. EN BANC. Summary of Issues:
Whether promises made in now-repealed tenure statutes passed in the 1950s and 1960s contractually bind the General Assembly, preventing it from altering the policy of "forced placement" for current schoolteachers.
Whether in debating and voting on S.B. 191, the General Assembly satisfied due process for teachers who were previously entitled to "forced placement."
Whether, given this Court’s modern contract clause precedent, the court of appeals erred in finding that a legislative contract exists that prevents the Legislature from amending the statute regulating public school teachers’ employment.
Whether the court of appeals erred in holding that Howell v. Woodlin School District, 596 P.2d 56 (Colo. 1979) mandates that Plaintiffs-Respondents were due additional process beyond the legislative process.
No. 16SC49
Court of Appeals Case No. 13CA476
Petitioner:
Daniel Matthew Krajnik,
v.
Respondent:
The People of the State of Colorado.
Petition for Writ of Certiorari DENIED. EN BANC.
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