Justia Colorado Supreme Court Opinion Summaries

In 2008, the Town of Minturn enacted annexation ordinances for nine parcels of property in response to annexation petitions filed in 2005, which claimed that Ginn (petitioner in this action) was the 100% owner of the land proposed to be annexed. Ginn and Respondent Sensible Housing Co. were involved in a quiet title action concerning portions of the annexed property, which commenced before Ginn filed the annexation petitions. Sensible sought judicial review of the annexation pursuant to section 31-12-116, C.R.S. (2011), asserting that Minturn exceeded its jurisdiction and abused its discretion by approving the annexation of the property without an election, due to the ongoing dispute as to the property’s title. The court of appeals agreed and applied the "priority rule" to the annexation proceedings, which states that "when more than one court can exercise jurisdiction over a matter, 'the court first acquiring jurisdiction [over] the parties and the subject matter has exclusive jurisdiction.'" Upon review, the Supreme Court reversed the court of appeals, holding that the priority rule could not be applied to municipal annexation proceedings because those proceedings are a legislative function. View "Town of Minturn v. Sensible Housing Co., Inc." on Justia Law

In 2003, Plaintiffs filed a class action alleging that Defendant BP America Production Company (BP) improperly deducted postproduction costs from royalty payments due between January 1986 and December 1997. To toll the applicable six-year statute of limitations, Plaintiffs claimed that BP fraudulently concealed material facts which gave rise to their claims. The trial court certified the class, and the appellate court affirmed. BP then appealed to the Supreme Court, arguing: (1) proof of fraudulent concealment was inherently individualized, and not amenable to resolution on a class basis; and, (2) the class time period was overly broad and as a result, includes members who had no costs deducted under the "netback" methodology. BP thus argued that the trial court erred in certifying the class. Upon review, the Supreme Court disagreed with either of BP's arguments, and affirmed the trial court's certification of the class. View "BP America Prod. Co. v. Patterson" on Justia Law

The issue on appeal to the Supreme Court in this case pertained to the standards a trial court applies when it decides whether to certify a class pursuant to C.R.C.P. 23. The Supreme Court reversed the court of appeals' rulings: that the trial court must apply a "preponderance of the evidence" standard to C.R.C.P. 23's requirements, that the trial court must resolve factual or legal disputes dispositive of class certification regardless of any overlap with the merits, and that the trial court must resolve expert disputes regardless of any overlap with the merits. The Court also concluded that the trial court rigorously analyzed the evidence in determining that Plaintiffs in this case established an identifiable class and satisfied C.R.C.P. 23(b)(3)'s "predominance" requirement. View "Jackson v. Unocal Corp" on Justia Law

In this case, the District Court for Jefferson County dismissed a condemnation petition for a private way of necessity because the developer of the allegedly landlocked parcel did not sufficiently define the scope of and necessity for the proposed condemnation. Evidence showed that the development might vary from one to thirty residential dwellings which prevented the court from entering a condemnation order that would minimize the burden to be placed upon condemnee’s property. The court of appeals ruled that the condemnation could proceed based only upon the zoning of the condemnor’s property. The Supreme Court disagreed with the appellate court, and reinstated the district court’s judgment. The Supreme Court held that, when a petitioner seeks to condemn a private way of necessity for access to property it wishes to develop in the future, it must demonstrate a purpose for the condemnation that enables the trial court to examine both the scope of and necessity for the proposed condemnation, so that the burden to be imposed upon the condemnee’s property may be ascertained and circumscribed through the trial court’s condemnation order. The record in this case supported the trial court’s dismissal of the condemnation petition. View "The Glenelk Ass'n, Inc. v. Lewis" on Justia Law

Burlington Ditch, Reservoir & Land Company (Burlington) and Farmers Reservoir and Irrigation Company (FRICO) filed applications to change its 1885, 1908 and 1909 water rights. The changes to Burlington and FRICO's rights were precipitated by a new water supply project by the United Water & Sanitation District (United) and East Cherry Creek Valley Water & Sanitation District (ECCV). Approximately fifty parties argued for their particular interests in relation to Burlington and FRICO's applications. The water court imposed conditions on Burlington and FRICO's historic water rights to prevent injury to all other interested parties' rights. On appeal to the Supreme Court, Burlington, FRICO, United and ECCV challenged the water court's order regarding its determination of the historical consumptive use of the water rights. Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court affirmed the water court's decision.