Announcements Colorado Supreme Court Monday, October 19, 2009

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 19, 2009 ---------------------------------------------------------------"Slip opinions" are the opinions delivered by the Supreme Court Justices and are subject to modification, rehearing, withdrawal, or clerical corrections. Modifications to previously posted opinions will be linked to the case number in the petition for rehearing section the day the changes are announced. Click on the case number to view the opinion in pdf format. OPINIONS SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203

Case No. 08SA312

Appeal from the District Court Water Division Case No. 3, 04CW24 Honorable O. John Kuenhold, Judge Concerning the Matter of the Rules Governing New Withdrawals of Ground Water in Water Division No. 3 Affecting the Rate or Direction of Movement of Water in the Confined Aquifer System aka “Confined Aquifer New Use Rules for Division 3” Appellants: Cotton Creek Circles, LLC; Colorado Association of Home Builders; and San Luis Valley Water Co. LLC, v. Appellees: Rio Grande Water Conservation District; Rio Grande Water Users Association; Conejos Water Conservancy District; and Dick Wolfe, in his official capacity as the State Engineer for the State of Colorado. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART EN BANC CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court. JUSTICE EID concurs in part and dissents in part, and JUSTICE HOBBS joins in the concurrence and dissent. ---------------------------------------------------------------------1

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 19, 2009 ---------------------------------------------------------------SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203

Case No. 08SC185

Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 06CA0733 Petitioners: Anthony Lobato, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Denise Lobato, as an individual and as parent and natural guardian of Taylor Lobato and Alexa Lobato; Jaime Hurtado and Coralee Hurtado, as individuals and as parents and natural guardians of Maria Hurtado and Evan Hurtado; Janet L. Kuntz, as an individual and as parent and natural guardian of Daniel Kuntz and Stacey Kuntz; Pantaleon Villagomez and Maria Villagomez, as individuals and as parents and natural guardians of Chris Villagomez, Monique Villagomez and Angel Villagomez; Linda Warsh, as an individual and as parent and natural guardian of Adam Warsh, Karen Warsh and Ashley Warsh; Elaine Gerdin, as an individual and as parent and natural guardian of N.T., J.G. and N.G.; Dawn Hartung, as an individual and as parent and natural guardian of Q.H.; Paul Lastrella, as an individual and as parent and natural guardian of B.L.; Woodrow Longmire, as an individual and as parent and natural guardian of Tianna Longmire; Steve Seibert and Dana Seibert, as individuals and as parents and natural guardians of Rebecca Seibert and Andrew Seibert; Olivia Wright, as an individual and as parent and natural guardian of A.E. and M.E.; Herbert Conboy and Victoria Conboy, as individuals and as parents and natural guardians of Tabitha Conboy and Timothy Conboy; Terry Hart, as an individual and as parent and natural guardian of Katherine Hart; Larry Howe-Kerr and Kathy Howe-Kerr, as individuals and as parents and natural guardians of Lauren Howe-Kerr and Luke Howe-Kerr; John T. Lane, as an individual; Jennifer Pate, as an individual and as parent and natural guardian of Ethan Pate and Evelyn Pate; Robert L. Podio and Blanche J. Podio, as individuals and as parents and natural guardians of Robert Podio and Samantha Podio; Tami Quandt, as an individual and as parent and natural guardian of Brianna Quandt, Cody Quandt and Levi Quandt; Brenda Christian, as an individual and as parent and natural guardian of Ryan Christian; Toni L. McPeek, as an individual and as parent and natural guardian of M.J. McPeek, Cassie McPeek and Michael McPeek; Christine Tiemann, as an individual and as parent and natural guardian of Emily Tiemann and Zachary Tiemann; Paula VanBeek, as an individual and as parent and natural guardian of Kara VanBeek and Antonius VanBeek; Larry Haller and Pennie Haller, as individuals and as parents and natural guardians of Kelly Haller and Brandy Haller; Tim Hunt and Sabrina Hunt, as individuals and as parents and natural guardians of 2

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 19, 2009 ---------------------------------------------------------------Shannon Moore-Hiner, Eris Moore, Darean Hunt and Jeffrey Hunt; Mike McCaleb and Julie McCaleb, as individuals and as parents and natural guardians of Rebekka McCaleb, Layne McCaleb and Lynde McCaleb; Todd Thompson and Judy Thompson, as individuals and as parents and natural guardians of Garson Thompson and Tarek Thompson; Doug Vondy and Denise Vondy, as individuals and as parents and natural guardians of Kyle Leaf and Hannah Vondy; Brad Weisensee and Traci Weisensee, as individuals and as parents and natural guardians of Joseph Weisensee, Anna Weisensee, Amy Weisensee and Elijah Weisensee; Stephen Topping, as an individual and as parent and natural guardian of Michael Topping; Donna Wilson, as an individual and as parent and natural guardian of Ari Wilson, Sarah Patterson, Madelyn Patterson and Taren Wilson-Patterson; David Maes, as an individual and as parent and natural guardian of Cherie Maes; Debbie Gould, as an individual and as parent and natural guardian of Hannah Gould, Ben Gould and Daniel Gould; Lillian Leroux, as an individual and as parent and natural guardian of Ari Leroux, Lillian Leroux, Ashley Leroux, Alexandria Leroux and Amber Leroux; Theresa Wrangham, as an individual and natural guardian of Rachel Wrangham and Deanna Wrangham; Alamosa School District, No. RE-11J; Centennial School District No. R-1; Center Consolidated School District No. 26 JT, of the Counties of Saguache and Rio Grande and Alamosa; Creede Consolidated School District No. 1 in the County of Mineral and State of Colorado; Del Norte Consolidated School District No. C-7; Moffat School District No. 2, in the County of Saguache and State of Colorado; Monte Vista School District No. C-8; Mountain Valley School District No. RE 1; North Conejos School District No. RE 1J; Sanford School District No. 6, in the County of Conejos and State of Colorado; Sangre De Cristo School District, No. RE22J; Sargent School District No. RE-33J; Sierra Grande School District No. R-30; and South Conejos School District No. RE 10, v. Respondents: The State of Colorado; Colorado State Board of Education; Dwight Jones, in his official capacity as Commissioner of Education of the State of Colorado; and Bill Ritter, in his official capacity as Governor of the State of Colorado. JUDGMENT REVERSED EN BANC JUSTICE BENDER delivered the Opinion of the Court. JUSTICE RICE dissents, and JUSTICE COATS and JUSTICE EID join in the dissent. -------------------------------------------------------------------3

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 19, 2009 ---------------------------------------------------------------SUPREME COURT, STATE OF COLORADO Two East 14th Avenue Denver, Colorado 80203

Case No. 08SC587

Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 07CA1263 Petitioners: David H. Currier and Heather S. Schultz, v. Respondents: Michael Sutherland, Special Administrator of the Estate of Eloy Lopez; Estate of Eloy Lopez; and State Farm Mutual Automobile Insurance Company. JUDGMENT AFFIRMED EN BANC JUSTICE RICE delivered the Opinion of the Court. JUSTICE EID concurs in part and concurs in the judgment in part, and JUSTICE MARTINEZ and JUSTICE COATS join in the opinion of JUSTICE EID concurring in part and concurring in the judgment in part. -------------------------------------------------------------------PETITIONS FOR REHEARING NONE ----------------------------------------------------------------------

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ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 19, 2009 ---------------------------------------------------------------PETITIONS FOR WRIT OF CERTIORARI No. 09SC74 Court of Appeals Case No. 04CA1098 Petitioner: Anthony Lolin Jimenez, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. ---------------------------------------------------------------------No. 09SC286 Court of Appeals Case No. 07CA0187 Petitioner: John Martin Shover, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. ---------------------------------------------------------------------No. 09SC400 Boulder County District Court Case No. 08CV1070 Petitioner: Stephen Murtha, d/b/a Ponderosa Management Company, v. Respondents: Robert S. Bertron and all other occupants. Petition for Writ of Certiorari DENIED. EN BANC. ---------------------------------------------------------------------

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ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 19, 2009 ---------------------------------------------------------------No. 09SC583 Court of Appeals Case No. 08CA0671 Petitioners: Robert Thomas; Heidi Thomas; and Springs Hospitality, Inc., a Colorado corporation, v. Respondents: Gholamerza Rahmani-Azar, a/k/a Bruce Rahmani; Willis Wetzler, in his capacity as derivative shareholder of Springs Hospitality, Inc., a Colorado corporation; Colorado Springs Lodging, Inc., a Colorado corporation; Colorado Hospitality Services, Inc., a Colorado corporation; Colorado Springs Hospitality Services, LLC, a Colorado limited liability company; and Jerome T. Heymans. Petition for Writ of Certiorari DENIED. EN BANC. ----------------------------------------------------------------------

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ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 19, 2009 ---------------------------------------------------------------No. 09SC612 Court of Appeals Case No. 08CA0767 Petitioners/Cross-Respondents: City of Manassa and Pinnacol Assurance, v. Respondent/Cross-Petitioner: Dale Ruff, and Respondent: Industrial Claim Appeals Office of the State of Colorado. Petition and Cross-Petition for Writ of Certiorari GRANTED.

EN BANC.

Summary of Issues: Whether the court of appeals erred in holding, contrary to Benuishis v. Industrial Claim Appeals Office, 195 P.3d 1142 (Colo. App. 2008) (cert. denied), that the prohibition in Workers’ Compensation Rule of Procedure 11-2(H), 7 Code Reg. 1101-3, against a Division of Workers’ Compensation Independent Medical Examination physician having an actual or appearance of a conflict of interest is not limited to relationships between the DIME physician and claimant’s treating physicians, but rather may also apply to a DIME physician’s contractual relationship with an insurer. Whether the court of appeals erred in failing to defer to the interpretation by the Director of the Division of Workers’ Compensation (“Division”) and the Industrial Claim Appeals Office that a DIME physician’s contractual relationship with an insurer does not create an actual or appearance of a conflict of interest prohibited by WCRP 11-2(H), 7 Code Colo. Reg. 1103-3. Whether the court of appeals erred in remanding this case to the administrative law judge to “consider the extent of the DIME physician’s financial relationship with Pinnacol to determine whether this relationship creates the appearance of a conflict of interest,” where the administrative law judge’s previous order contains full findings regarding such financial relationship. Whether the performance of a DIME is a quasi judicial function requiring the DIME physician to disclose information to the parties regarding either the appearance of or an actual conflict of interest, as well as requiring the disqualification of the DIME physician in the 7

ANNOUNCEMENTS COLORADO SUPREME COURT MONDAY, OCTOBER 19, 2009 ---------------------------------------------------------------presence of a financial, business, employment, consulting, or similar relationship with a party to the dispute. ---------------------------------------------------------------------No. 09SC630 Court of Appeals Case No. 08CA1363 Petitioners: William Martin and Shelley Martin, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. ---------------------------------------------------------------------No. 09SC685 Teller County District Court Case No. 08CV68 Petitioner: Donald William Rosen, v. Respondent: The People of the State of Colorado. Petition for Writ of Certiorari DENIED. EN BANC. ----------------------------------------------------------------------

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